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Terms and Conditions


General Terms and Conditions PermataEDC Services

General Terms and Conditions for PermataEDC Services (hereinafter referred to as “ SKU ”) shall be an agreement which regulates cooperation in providing banking services using EDC machines owned by PT Bank Permata Tbk, a banking company licensed and supervised by the Financial Services Authority, domiciled in Jakarta (hereinafter referred to as “ Bank ”).

By signing the SKU hereof, Merchant hereby declares to agree to comply with and bind itself to this SKU under the terms and conditions as described below:

Article 1

Definition

As long as not defined otherwise, the following terms have the following meanings:

  1. Issuing Bank is a Bank and/or other banks in general and/or institutions other than banks issuing Cards.
  2. Minutes of Handover (BAST) is minutes of handing over the installation of PermataEDC at the Merchant location in accordance with the format and contents set by the Bank which include the date of installation of PermataEDC and the functioning of the PermataEDC at the Merchant location.
  3. Chargeback is billing/recharging to the Merchant for a successful Sale Transaction and/or QR Transaction that has been paid by the Bank to the Merchant.
  4. Collateral is an amount of funds agreed by the Merchant as collateral to be blocked by the Bank in connection with the use of PermataEDC.
  5. Contactless is a way of doing transaction on PermataEDC in a way other than Dip or Swipe, namely by tapping/touching the PermataEDC section.
  6. Merchant Black List is a list containing negative information on the Merchant's reputation issued by an authorized institution in accordance with applicable laws and regulations.
  7. Dip is the activity of inserting a chip base Card into the chip reader at PermataEDC in doing transaction.
  8. Documents are Settlement slips, EDC Transaction Slips, invoices, purchase orders, delivery orders, notes, including all copies of these documents and other documents related to Transaction.
  9. EDC (Electronic Data Capture) hereinafter referred to as “PermataEDC” is a machine/terminal belonging to the Bank for receiving and processing Transaction, including but not limited to all equipment such as adapters, power cables, battery covers, download connectors, power connectors, PIN covers which belongs to the Bank that is lent and/or leased by the Bank to the Merchant.
  10. Bank Facilities are facilities and/or infrastructure owned and provided by the Bank to process and monitor Transaction conducted by Cardholders and/or Customer, including PermataTel, PermataNet, PermataMobileX, Navigator Services, PermataATM, PermataEDC and Bank counter services as well other services/facilities developed by the Bank in the future.
  11. Transaction Cancellation Form is a form used by a Merchant to submit a request for cancellation of a Sale Transaction and/or a QR Transaction that has been processed by the Bank, in the format determined by the Bank.
  12. Calendar Day is a day according to the international calendar system.
  13. Working Days are days when Banks operate and carry out clearing according to Regulatory provisions.
  14. Domestic Network is a network managed by Banks or Indonesian local switching consisting of ATM Bersama, PRIMA and ALTO networks that are included in the National Payment Gateway system in accordance with PBI related to National Payment Gateways or other networks that will cooperate in the future.
  15. International Network is a 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 cooperate in the future.
  16. Card is a Debit Card and/or Credit Card issued by an Issuing Bank.
  17. Debit Card is a card that can be used by Cardholders to make cash withdrawals, transfers and payments by directly reducing the Cardholder's funds stored at the Issuing Bank.
  18. Credit Card is a card that can be used by Cardholders to make payments and/or cash withdrawals, by means of which the Cardholder's payment obligations are met in advance by the Issuing Bank, and the Cardholder is obliged to pay off the payment in a manner and at a time agreed with the Bank. Publisher.
  19. Approval Code, hereinafter referred to as Approval Code , is the code received by Permata EDC for each Transaction that has received Authorization and printed on the EDC Transaction Slip.
  20. Merchant Discount Rate (“MDR”) is a fee that must be paid by the Merchant to the Bank for each Sale Transaction and QR Transaction as further regulated in article 8 of this SKU.
  21. Merchant Data Form (MDF) is a form that contains information about the Merchant and other information completed by the Merchant, which is required as a request, amendment and implementation of cooperation based on this SKU, which is an integral part and an integral part of SKUs.
  22. Merchant is individual or entity  that uses PermataEDC services to receive Transaction.
  23. Partner is another party that cooperates with the Bank to receive payment for Payment Point Transaction or prepaid voucher payments or others through Bank Facilities.
  24. Customer Number is an identification code/number that is owned and used by the Customer to make payments for Payment Point Transaction.
  25. Authorization is the approval of the Issuing Bank for Transaction conducted by Cardholders.
  26. Authentication is one of the transaction validation activities carried out by the Card Holder which can be in the form of inputting the Card PIN or signature according to what is stated on the back of the card
  27. Parties are Bank and Merchant implementing the contents of this SKU.
  28. Party is one of the parties or each party that carries out the contents of this SKU, namely Merchant or Bank.
  29. Customer is an individual or non-individual who buys Merchant products/services and make Transaction through PermataEDC with Merchant.
  30. Cardholder is every customer of a Bank and/or other bank who is legally the owner of the Card as whose name and signature is listed on the Card and is entitled to use the Card in accordance with the terms and conditions of the Issuing Bank.
  31. PIN (Personal Identification Number) is a secret code used by Cardholders as an Authentication method when conducting Transaction.
  32. Merchant Account is a Merchant account opened on behalf of the Merchant at the Bank as stated in the MDF which is used as the Merchant escrow account, and other accounts belonging to the Merchant at the Bank.
  33. Cardholder's Account is an account owned by a Cardholder at the Issuing Bank.
  34. Regulator is Bank Indonesia, Financial Services Authority, or other authorized body/agency in connection with the implementation of this SKU.
  35. Swipe is the activity of swiping a magnetic stripe card on the reader at PermataEDC in conducting transaction.
  36. Settlement is the process of sending recapitulation data to the Bank's system for Sale Transaction and/or QR Transaction that has been made through PermataEDC and used as the basis for billing Sale Transaction and/or QR Transaction from Merchant to Banks.
  37. Transaction Slip is a written receipt issued by PermataEDC for a Transaction which includes, among other things, the Merchant's location, Merchant's name, Card Number, Cardholder Name (if any), transaction date, signature column (if any) and Approval Code.
  38. Merchant Claims are a number of bills for funds resulting from Transaction that must be paid by the Bank to the Merchant.
  39. Transaction is Sale Transaction and/or ATM Mini Transaction and/or QR Transaction conducted at PermataEDC.
  40. Payment Point Transaction is one of the features of ATM Mini Transaction which is transaction for payment of bills for general telecommunications and internet services, credit cards, insurance, installments, personal loans, payment of airplane tickets, education fees, and other types of bills that shall be developed in the future days, which must be paid by the Customer to the Partner. 
  41. Successful Transaction is Transaction that has received authorization marked by the issuance of an Approval Code on PermataEDC as printed on the Transaction Slip and recorded as successful in the Bank's registry.
  42. A fallback Transaction is a transaction using a chip card that was originally Dipped, however since the transaction failed, the transaction shall then be repeated using Swipe.
  43. ATM Mini Transaction shall mean transaction other than Sale Transaction and QR Transaction including but not limited to Payment Point Transaction features, Inquiry, fund transfers, and other transaction provided by the Bank in the future, where the fund transfer feature is only intended for certain Merchant approved by Bank.
  44. Transaction Sale is a payment transaction made by a Customer for the sale of a Merchant's product or service made at Permata EDC by using a Card through the Domestic Network and/or International Network.
  45. QR Transaction shall mean payment transaction made through a QR Code scanning device owned by the Customer in the QR Feature registered on behalf of the Merchant at PermataEDC.
  46. Intellectual Property Rights hereinafter referred to as “IPR” are all copyrights, patents, trademarks or rights to databases, logos, designs, slogans, inventions or trade secrets, technical skills, rights to designs, topography, current and future trade names and business names, domain names, brands and equipment (whether registered or unregistered) and all other intellectual property rights and requests for any such rights (wherever the application may be filed) which can be protected in any country in the world;
  47. The QR feature is one of the features for accepting payments without using a card where PermataEDC will generate/print a QR Code which shall then be scanned with the customer's device in the framework of completing transaction.
  48. QR Code is a standard code generated/printed from PermataEDC which is used for transaction settlement through scanning which contains information/data needed to process transaction.
  49. Personal Communication Facilities are means of personal communication, namely telephone, cell phone, electronic mail, short message service, voicemail, video calls and instant messaging applications.

Article 2

PermataEDC Merchant Cooperation

  1. PermataEDC provided by the Bank can be used by the Merchant for the purpose of receiving Transaction, where one or more of the Transaction facilities can be selected according to the needs of the Merchant or Bank policy.
  2. For the purposes of requesting Merchant cooperation with the Bank in using PermataEDC, the Merchant knows and has read and agrees to a summary of product and service information regarding PermataEDC and has understood all the benefits, risks and costs attached to PermataEDC and the Merchant is required to provide:
    1. MDF that has been completed and signed by the Merchant to the Bank;
    2. Supporting documents as required and notified by the Bank to the Merchant.
  3. In its reasonable discretion and not violating the prevailing laws and regulations, the Bank shall be entitled to accept or reject the cooperation request submitted by the Merchant for the use of Permata EDC. If the Bank rejects the Merchant's application, the Bank shall notify the Merchant in writing that the Merchant's application cannot be approved by notifying the reason for the rejection to the Merchant unless otherwise regulated by the provisions of laws and regulations. The Merchant hereby hereby agrees to all Bank decisions related to the approval or rejection of the application submitted by the Merchant and all documents that have been provided by the Merchant in connection with the application become the property of the Bank.
  4. If the Bank approves the application submitted by the Merchant to use PermataEDC, the Bank shall place PermataEDC at the Merchant's location.
  5. All Transactions and Settlements processed through PermataEDC must use Rupiah.
  6. At the Bank's policy, if required, the Bank may ask the Merchant to provide a certain amount of funds as Collateral for Transaction conducted through PermataEDC where the amount will be determined by the Bank.
  7. In connection with the implementation of the PermataEDC collaboration, the Merchant is required to provide actual data and/or supporting documents to the Bank and is required to update the data if there is a change in the data and/or documents.
  8. The Merchant hereby gives approval to the Bank to: (i) use Personal Communication Facilities, data, information, personal information related to the Merchant obtained by the Bank from the Merchant for the purposes of providing and using PermataEDC and all other purposes as long as it is possible and permitted by the prevailing laws and regulations; (ii) use Personal Communication Facilities obtained by the Bank from Merchant for the purposes of marketing the Bank's products or other parties working with the Bank; (iii) disclose data, information, Merchant’s personal information to third parties who cooperates with the Bank in connection with the Bank’s product and services, including but not limited to the competent authorities by taking into account of the provisions of the applicable laws and regulations. For data use that requires the approval of other parties, the Merchant hereby declares that the Merchant has obtained written approval from any third party for the use of such data, information and information, and therefore the Bank shall hereby not provide compensation and/or liability in the form of anything to the Merchant and any party for all risks, demands, lawsuits and or compensation that may arise in the future in connection with the use of data, information and information that has obtained written approval by the Bank as long as the use of the data is carried out in accordance with the provisions of laws and regulations. The Merchant hereby states that the Merchant understands the purpose and consequences of the Merchant's agreement regarding the use of data, information and information as described in this paragraph.
  9. If (i) the Merchant objects to give approval or the Merchant intends to revoke the approval for using Merchant's Personal Communication Facilities for the purposes of marketing Bank products or other parties working with the Bank and or (ii) the Merchant objects to giving approval or the Merchant intends to revoke approval for the Bank to disclose data, information , personal information related to the Merchant to third parties for the purposes of marketing Bank products or other parties who work with the Bank , the Merchant can visit the nearest Bank branch office or contact the Bank via PermataTel or other media determined by the Bank in the future.
  10. Objections to the approval or revocation of approval that have been submitted by the Merchant to the Bank either through the Bank's branch office or through PermataTel or other media determined by the Bank in the future as referred to in paragraph 9 of this article shall be effective as from being recorded in the Bank's system.

Article 3

Mechanism of Using PermataEDC

The mechanism for using PermataEDC is generally subject to the following conditions:

  1. Implementation of Sales Transaction with using a Card can be done by Dip, Swipe, or Contactless on PermataEDC according to the type of Card Authentication.
  2. For Credit Cards and/or Debit Cards that already use a chip, Merchant may only make Transaction by Dip method, and are prohibited from making transaction by Swipe or Fallback Transaction unless there is a Contactless feature on the Card, the Transaction shall be carried out Contactless in accordance with applicable regulations.
  3. If a Sale Transaction and/or a QR Transaction is declared a Successful Transaction, the Merchant can hand over the goods or services that have been purchased/paid for along with the Transaction Slip as proof of the Transaction to the Customer.
  4. For the status of ATM Mini Transaction, refer to the Bank's records based on the results of reconciliation between the Bank and Partners.
  5. The Merchant shall ensure that the Transaction Slip containing transaction data and the Approval Code has been printed properly and follows the following conditions:
    1. For ATM Mini Transaction, the Transaction Slip is printed in 2 (two) copies as follows:
      1. 1 (one) original kept by the Merchant; and
      2. 1 (one) copy is given to the Customer, and can be printed again for the Bank.
    2. For Sale Transaction and/or QR Transaction, the Transaction Slip consists of 3 (three) copies as follows:
      1. 1 (one) copy is given to the Merchant;
      2. 1 (one) copy is given to the Customer;
      3. 1 (one) copy is given to the Bank.
  6. If  PermataEDC fails to issue Transaction Slip due to run out of the paper, the merchant shall then be required to do the following:
    1. For Sale Transaction: Merchant can re-print the last transaction, and if there is no transaction in question, the merchant can re-process the transaction.
    2. For ATM Mini Transaction: Merchant can re-print the last transaction and view account mutations. In the event of a communication breakdown or other disturbance related to the use of PermataEDC when carrying out an ATM Mini Transaction which causes incidents to occur, including: Unprinted Transaction Slip, the Transaction is canceled or rejected to be forwarded but the account is debited, the Merchant is required to report the Transaction to the Bank on the same day when the Transaction is made to conform with the records in the Bank. The Parties hereto agree that what will be used as a reference for the success or failure of a Payment Point Transaction is the record at the Bank. Merchant can check the QR Transaction status by entering the invoice number into PermataEDC.
  7. Under any circumstances and conditions, it is not permissible for Customer and/or Cardholder data contained in the Transaction Slip to be written down, corrected, replaced, reviewed and/or changed by the Merchant.
  8. The Merchant shall be entitled not to process and/or refuse a Transaction if:
    1. Card is not active.
    2. Transaction status at PermataEDC is declining or has been rejected by the Issuing Bank.
    3. The Card has been altered, tampered with or reprinted in any way without the approval of the Issuing Bank.
    4. The PermataEDC machine fails to issue a Transaction Slip (not because the paper runs out).
    5. The Transaction Slip contains no Approval Code.
    6. The Card has been blocked for any reason.
    7. The Card has expired unless there are other provisions from the Regulator.
    8. There is a discrepancy when Authentication is carried out as stipulated in Article 5 paragraph 3 SKU.
    9.  The Credit Card used is a Non-Chip Local Credit Card
    10. The Card is suspected of being counterfeit or indicating fraud or the proceeds of a crime. If the Merchant finds a Card of this type, the Merchant is obliged to report it to the Bank.
  9. Implementation of Transaction through the QR Feature, shall be done by means of the Customer scanning the QR Code generated/printed from PermataEDC.
  10. Acceptable QR transaction at Permata EDC is transaction under the Standard Indonesian Quick Response Code (QRIS) as stipulated in the applicable laws and regulations.

Article 4

ATM Mini Transaction

  1. The Bank in its reasonable policy and violates no prevailing laws and regulations or under an agreement with the Merchant can provide revenue sharing to Merchant, taking into account the type of ATM Mini Transaction carried out by Customer and the provisions of large Banks and/or Merchant and the procedure for distribution shall be notified by the Bank in accordance with the prevailing laws and regulations. The Parties agree that the Bank on its reasonable considerations and violates no prevailing laws and regulations has the right and authority from time to time to change the amount of the distribution of income.
  2. The Parties agree that specifically for the implementation of Payment Point Transaction by Cardholder/Customers through Merchant shall be considered valid if:
    1. The Cardholder/Customer has correctly entered the Customer Number or account number for which the payment is made.
    2. There is an approval code on the EDC Transaction Slip.
    3. The account of the Merchant or Cardholder/Customer has been debited (in the case of bill payments), or the credit balance belonging to the Cardholder/Customer has increased to the value of the voucher purchased (in the case of purchasing a credit voucher).
    4. In the reconciliation data it has been declared successful in the amount of payments made by the Cardholder/Customer.
  3. The Merchant is hereby responsible and with this agree that The bank shall not provide any compensation loss and or liability in any form whatsoever to the Merchant or any parties for any losses and/or claims and/or lawsuit and/or claims and or requests for compensation from any party that may arise in connection with implementation of Payment Point Transaction accompanied by elements of crime or fraud or fraud by the Merchant.
  4. If there is a debit difference in the Merchant Account, within not later than 7 (seven) Business Days from the date the Payment Point Transaction occurs, the Merchant shall then be required to report the difference to the Bank through the Bank Facility. If the report on the difference in debits is only reported by the Merchant after the expiration of the specified time period and or according to the Bank's records, the Payment Point Transaction reported by the Merchant shall be a Successful Transaction, the Bank shall be entitled to refuse and ignore the Merchant's report or claim. In the event of such a situation, the Parties agree that the records used as a reference for reconciliation are the records at the Bank.
  5. The Bank shall be entitled to charge fees to Customer as Bank income for Payment Point Transaction that has been made at PermataEDC. The amount of the fee shall be informed by the Merchant to the Customer before the Payment Point Transaction is carried out by the Merchant and the amount of the fee will be printed on the Transaction Slip separately from the value of the Payment Point Transaction. For the charging of fees as referred to in this paragraph, the Merchant is fully responsible for any claims, claims and/or lawsuits from the Customer and/or any other party that may arise in connection with the obligation to provide information on the charging of such fees.
  6. The imposition of fees which are the right of the Bank as referred to in paragraph 5 of this Article, shall be directly taken by the Bank by debiting the Merchant Account or Card Holder Account during or after the implementation of each type of Payment Point Transaction according to the time determined by the Bank.

Article 5

Authentication

All transactions that occur at PermataEDC must be authenticated as a form of validating transaction from customer/cardholders.

  1. In general, the authentication received by PermataEDC is as follows:
    1. Sale Transaction: Card PIN or signature, depending on the authentication determined by the Card Issuing Bank.
    2. ATM Mini Transaction: Card PIN
    3. For Transaction using the Contactless method, authentication provisions are made under a certain Transaction nominal determined based on the policy of each Issuing Bank.
    4. For QR Transaction, no Authentication is performed because Authentication is performed on the device used by the Customer to scan the QR Code.
  2. The Merchant shall ensure that the Customer inputs the PIN on PermataEDC safely and is not known by the Merchant or other parties.
  3. 3.     Specifically for this type of authentication using a signature, the Merchant shall ask the Customer to put a signature on the Transaction Slip and 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 is a difference, the Merchant shall be obliged to reject the Transaction.

Article 6

Cancellations, Transaction Failures and Refunds

  1. For Mini ATM Transaction on PermataEDC, Transaction cancellation is not permitted.
  2. For Sale Transaction, if the cancellation process is carried out before the Settlement process, the Transaction cancellation shall be carried out through the void menu on PermataEDC and the Merchant shall not be allowed to give cash to the Customer concerned for any reason.
  3. For QR Transaction, if the Merchant gets the QR Refund Feature facility at PermataEDC, then a refund request can be made through the QR Refund Feature, a maximum of 7 (seven) Calendar Days after the date the QR Transaction was made. If the Merchant fails to get the QR Refund Feature facility at PermataEDC, the refund process shall then be carried out using the Transaction Cancellation Form by following the provisions 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 at PermataEDC or is carried out after 7 Calendar Days after the QR Transaction is carried out, the Merchant shall be required to send the Transaction Cancellation Form to the Bank no later than 30 (thirty) Calendar Days from Settlement process or QR Transaction shall be carried out with the following conditions:
    1. The Bank shall refund the amount stated in the Transaction Cancellation Form by debiting the Merchant's account.
    2. If funds are not available for the cancellation process in the Merchant's account, then the cancellation process cannot be carried out.
    3. If the Merchant is late in sending the Transaction Cancellation Form, the Bank shall be entitled not to make payments for the cancellation of the Transaction.

Article 7

Settlement and Payment

  1. The Settlement Process only applies to Sale Transaction where the Merchant is required to do this within not later than 5 (five) Calendar Days from the date the Transaction was made at PermataEDC.
  2. For QR Transaction, Settlements shall be made through the system
  3. The payment process for Merchant Bills for Sale Transaction and/or QR Transaction shall be carried out within not later than 1 (one) Calendar Day after the Settlement process, minus the MDR.
  4. The Bank shall make payments under the Settlement recorded in the Bank's system.
  5. After payment of Merchant Bills 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 an excess discrepancy, the Bank will send a notification to the Merchant and the Bank will debit the value of the difference to the Merchant's account and upon debiting the Merchant authorizes the Bank. In the event that the funds in the Merchant's Account are insufficient, the Merchant shall return the excess difference to the Bank through the Bank Facility within not later than 7 (seven) Calendar Days from the date of the Settlement process or after the Merchant receives a report from the Bank, whichever is sooner;
    2. If there is a short difference, the Merchant shall report to the Bank within not later than 2 (two) Business Days from the Settlement date accompanied by the necessary supporting documents.
    3. Based on the results of the investigation and/or Bank records, the Bank will pay the difference no later than 7 (seven) Business Days after the results of the investigation appear.
    4. If a report on the difference in underpayment to the Merchant is reported by the Merchant after the expiration of the period specified in point (a) or (b) above, the Bank shall be entitled to reject and ignore the Merchant's report or claim.
  6. In the event of an error/mistake in payment of Merchant Bills made by the Bank, which causes the payment to be more or less than the amount of payment that should be paid by the Bank, Bank shall then be entitled to, in good faith, make corrections at any time error/mistake by debiting or crediting from/to the Account Merchant. In this regard, the Merchant hereby authorizes Bank for every moment debit the Merchant Account to make corrections to the payment. In terms of internal funds Account Merchant is not available or insufficient, the Bank shall then be entitled to claim the Merchant for the amount that has been credited to the Merchant Account or has been paid to the Merchant, or deducts that amount from the obligation to pay for the Merchant bill or the Merchant must return all of the funds in cash to the Bank within not later than 7 (seven) working days after the Bank submits the said claim.
  7. In the event of a suspicious Transaction and/or exceeding a certain amount limit set by the Bank against the Merchant for any reason, the Bank has the right at any time to postpone crediting funds to the Merchant Account or block the Merchant Account until the investigation process is completed within a certain period of time stipulated by the Bank.

Articlel 8

Cost

  1. The Bank shall be entitled to charge fees to Merchant in the form of:
    1. Rental fees for PermataEDC machines; and
    2. MDR fee.
  2. Payment of the fees as referred to in paragraph 1 of this article shall be carried out by:
    1. Merchant Account Debit; and/or
    2. Direct deduction from Transaction proceeds for payment of MDR fees.
  3. The amount of fees as referred to in paragraph 1 of this article is listed on the MDF or written notice that shall be given by the Bank to the Merchant.
  4. The Parties agree that the Bank shall be entitled at any time to change the amount of the fees as referred to in paragraph 3 of this article under the Bank's policy and/or prevailing laws and regulations with prior notification to the Merchant in accordance with the prevailing laws and regulations through the communication media determined by the Bank.

Article 9

Chargeback

The Parties agree that the provisions regarding Chargeback are as follows:

  1. The Merchant shall be responsible for Chargeback, if the following occurs:
    1. Merchant processes Transaction prohibited or take actions that are not permitted, or violate the agreement with the Customer or the provisions related to Sale Transaction.
    2. If the Bank has paid the Merchant Bill to the Merchant, but it turns out that it is later proven that the Merchant is involved in using counterfeit Cards, stolen or obtained from the proceeds of other criminal acts.
    3. The Cardholder fails to acknowledge or object to a Sale Transaction or fails to receive goods/services in accordance with the Transaction agreement and the Merchant cannot provide a copy of the Transaction Slip and other evidence to the Bank that can show that the Transaction has been carried out in accordance with the agreement between the Merchant and the Cardholder. 
    4. The Merchant is late in submitting a Settlement in accordance with the timeframe stipulated in Article 7 paragraph 1 of this SKU.
  2. In the event of a Chargeback, the Bank remains entitled and authorized to:
    1. Debit Account Merchant or cut payments Merchant Bill that shall be paid by the Bank to the Merchant in the same amount as the Chargeback amount; or
    2. If the funds in the Merchant Account are insufficient for the Chargeback value, the Bank shall do the billing to the Merchant and the Merchant shall pay the bill within not later than 1 (one) Business Day since the bill is received by the Merchant or the Bank shall block the Merchant Account for the Chargeback value.
  3. In the event of a Chargeback related to transaction at the Merchant which results in financial losses for the Bank, the Merchant agrees to be responsible as stipulated in Article 18 paragraphs 4 and 5 of this SKU.

Article 10

Claim or Customer Complaints

  1. The Parties agree that the Merchant shall be required to directly handle Customer claims/complaints in connection with all Transaction through PermataEDC no later than 30 (thirty) Business Days after the date the Transaction was carried out.
  2. The Merchant shall be responsible for and hereby releases 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 execution of the Transaction.
  3. The Parties agree that the Bank shall be required to handle any Cardholder claims related to the payment process to the Merchant, within not later than 20 (twenty) Business Days from the date the claim/complaint is received by the Bank and if all documents and requirements specified by the Bank has been fulfilled.
  4. If the Bank requires supporting Documents (Transaction Slips) from Transaction that have been carried out, the Merchant agrees and shall be obliged to provide the Documents in question (in the form of facsimile or email) within 1 (one) Business Day from the first written request from Bank. In the event that the Merchant fails to comply with the request within the specified time period, the Bank shall be entitled to immediately debit the Merchant's Account in the amount of the transaction value claimed by the Cardholder. In the event that the funds in the Merchant Account are not available and/or insufficient, the Merchant shall be required to return all of the funds in cash to the Bank no later than 7 (seven) Business Days since the Bank submits the said claim.

Article 11

Suspicious Transaction

  1. In the event of a suspicious transaction according to the Bank that is carried out through Permata EDC at the Merchant, including transaction exceeding a certain amount limit set by the Bank, the Bank shall conduct an investigation and be entitled to stop/deactivate/withdraw the PermataEDC machine at the Merchant, and/or delay any payment transaction to the Merchant or block the Merchant Account until the investigation process is completed within the timeframe determined by the Bank.
  2. If it is proven that the transaction violates the SKU and/or applicable laws and regulations, the Bank shall be entitled to (i) debit the Merchant Account at any time to compensate the Bank and or other parties for losses arising from the transaction, and the Merchant shall be responsible as stipulated in Article 18 paragraphs 4 and 5 of this SKU (ii) immediately terminate the provision of PermataEDC services and terminate this SKU. In this case the Bank shall not be obliged to make a return on funds that have been postponed crediting by the Bank or funds that have been blocked 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 provide funds within not later than 7 (seven) Business Days as of the date the Bank informs the Merchant of the results of the investigation.

Article 12

Promotion Service

  1. The Merchant shall be required to put the PermataEDC sign/logo provided by the Bank, in easily visible places so that the Customer knows that the Merchant accepts Transaction through PermataEDC.
  2. The Bank can inform about PermataEDC facilities for purchasing goods/products at Merchant, to each Customer through the media determined by the Bank including information about programs for Customer who makes Transaction at PermataEDC.
  3. The Merchant grants the Bank the right and authority to include the Merchant's name and logo in the manual or any promotional tools determined by the Bank.
  4. Costs arising from the promotion of PermataEDC as stipulated in this article shall be borne by each Party in this SKU, and specifically for tax costs incurred in connection with placing banners at Merchant locations shall be the Merchant's responsibility.

Article 13

PermataEDC Maintenance

  1. Installation shall only be carried out at the Merchant's location after being approved by the Bank and Merchant shall be prohibited from moving without Bank permission. In this case, the Bank shall provide education/training to Merchant and/or their employees regarding the procedures for carrying out transaction through PermataEDC according to the schedule agreed by the Parties hereto.
  2. Merchant shall be obliged to keep and maintain the security and integrity of PermataEDC and Merchant shall be prohibited from changing, disassembling, adding or removing components in PermataEDC.
  3. Merchant shall not be allowed to use PermataEDC for the benefit of other parties or to receive Transaction from other Merchant.
  4. The Merchant shall inform all employees about the terms and conditions related to the use of PermataEDC Equipment, especially employees who work at the location of selling goods/products/services and ensure that PermataEDC Equipment is only operated by Merchant and/or Merchant employees/personnel who have received training from the Bank in accordance with the applicable user manual.
  5. In connection with the maintenance carried out by the Bank at the Permata EDC installation location, the Merchant will allow the Bank at any time to check the condition and/or carry out periodic maintenance of the PermataEDC Equipment in the Merchant.
  6. If PermataEDC is not operating as it should, the Merchant is required to report to the Bank within not later than the same date when the event occurs so that PermataEDC can be inspected by an officer appointed by the Bank and the Bank shall immediately repair/replace the PermataEDC that has does not work after receiving a report from the Merchant and the Merchant shall not be allowed to fix it himself. All losses arising from the malfunction of PermataEDC Equipment, whether directly or indirectly, are entirely the responsibility of the Merchant.
  7. The Merchant shall be required to return the complete Permata EDC if the Merchant is no longer working with the Bank, within not later than 10 (ten) Business Days from the expiration date of the SKU or request from the Bank or if the Merchant is no longer running a business at the business location listed in the Bank's data unless the Merchant has made a request to update the address of the previous business location to the Bank. In the event that the Merchant cannot return PermataEDC in good condition for any reason, the Merchant shall be obliged to pay the PermataEDC replacement fee with a certain amount determined by the Bank. The Merchant hereby authorizes the Bank to debit or block the Merchant Account in the amount of the PermataEDC replacement fee determined by the Bank
  8. In the event of a Transaction failure and/or disruption to the implementation of the Transaction caused by a Merchant's error/negligence, the Merchant shall be responsible as stipulated in Article 18 paragraphs 4 and 5 of the SKU.

Article 14

Document

  1. The Bank shall be entitled to examine the Documents kept by the Merchant, including conducting inspections at the Merchant's location.
  2. The Merchant shall be obliged to keep documents and all evidence related to the Transaction for at least 18 (eighteen) months from the date of the Transaction, even if the Merchant has no longer collaborated regarding the use of PermataEDC with the Bank.
  3. If there is a Chargeback from the Issuing Bank, the Merchant shall be able to provide a proper (clear/readable) Transaction Slip within H+1 working day from the time the Bank contacts the Merchant.
  4. If the Merchant fails to or is late in submitting Documents to the Bank or the Merchant has provided supporting documents or other evidence but it is not appropriate, the Bank shall block and or debit funds to the Merchant Account in the amount of the Chargeback value and The Merchant shall be fully responsible as referred to in Article 18 paragraphs 4 and 5 of the SKU.

Article 15

Audit and Examination

  1. Banks or other parties appointed by the Bank, or other parties in accordance with applicable laws and regulations, shall be entitled to carry out inspections or audits of PermataEDC services, including conducting inspections at the Merchant's location at the time determined by the Bank. Implementation of this inspection or audit shall be carried out with due observance of Bank policies and applicable laws and regulations.
  2. The Merchant shall be required to cooperatively assist the Bank in carrying out the inspection or audit as described in paragraph 1 of this Article by providing the data, documents and or information required by the Bank in connection with the implementation of the SKU.

Article 16

Representations and Warranties

  1. Each Party hereby represents and guarantees the other Party in SKU as follows:
    1. Each Party shall be a legal subject complied with the laws of the Republic of Indonesia and the party representing the Parties in this SKU has full rights to sign and execute the SKU. SKU shall not in contradictory with the articles of association of each Party (if any) nor violates the prevailing laws and regulations that shall be obeyed by each Party in carrying out its business.
    2. Each Party has taken all necessary actions in accordance with the provisions of the articles of association of each Party (if any) including regarding the authority to carry out the SKU and the official who signed the SKU has been authorized to do so for and on behalf of each party.
    3. Each Party shall submit to and comply with all the provisions contained in this SKU and its changes.
  2. The Merchant declares and guarantees that it will accept Transaction properly and responsibly and not take actions that are contrary to the laws, laws and regulations that apply in the territory of the Republic of Indonesia.
  3. The Merchant represents and guarantees that all data/information and documents provided by the Merchant to the Bank in connection with the implementation of the contents of the SKU are true, valid, honest, transparent, complete and accurate data/information and documents. The Merchant hereby acknowledges and agrees that the Bank shall be entitled to verify the correctness of the data/information/documents/information provided by the Merchant to the Bank. The Merchant states that it is willing to be claimed criminally or civilly including terminating the collaboration under this SKU by the Bank if the Bank knows or obtains information from any party that the data/information and documents provided by the Merchant are in fact incorrect/not entirely true/false.
  4. The Merchant declares and guarantees that Transaction carried out using PermataEDC and Bank Facilities are Transaction that do not violate the applicable laws and regulations and the provisions regarding acceptance of Transaction implementation as stipulated in the SKU. In the event that the Bank finds indications of Transaction implementation that are not in accordance with the provisions of the applicable laws and regulations and/or provisions regarding acceptance of Transaction implementation regulated in this SKU, the Bank has full rights to terminate the cooperation referred to in this SKU with the Merchant with how to deactivate PermataEDC and/or withdraw the PermataEDC machine on the Merchant, and the Merchant hereby releases the Bank from all claims and/or demands arising in connection with the deactivation and/or withdrawal of the PermataEDC by the Bank.
  5. The Merchant hereby guarantees to the Bank that the Merchant and all of its employees and/or other parties working with the Merchant shall not reproduce and/or make, give, rent, sell, transfer, transfer and/or convert PermataEDC either in part or in whole to other parties for any reason, including but not limited to the misuse of PermataEDC to make transaction other than those specified in the SKU for any purpose, including but not limited to crime/fraud/cheating.
  6. If there is a Transaction carried out with elements of crime or fraud or fraud and there is involvement of the Merchant and/or his family and/or employees, the Merchant must be responsible as stipulated in Article 18 paragraphs 4 and 5 of the SKU. In the event that the funds in the Merchant's Account are not available and/or insufficient, the Merchant shall return all of the funds in cash to the Bank within not later than 7 (seven) Business Days from the time the Bank submits the said claim.
  7. The Parties agree that in the event that there is an audit or examination or 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 laws and regulations, the Parties agree to provide and provide any such information or documents.

Article 17

Confidentiality

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

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

Article 18

Negligence, Violations, Prohibitions and Sanctions

  1. The Merchant shall be considered negligent if:
    1. The Merchant fails to carry out the Settlement process within the specified time period as referred to in Article 7 paragraph 1 SKU.
    2. Merchant take actions that violate the provisions or carry out prohibited transaction as referred to in Article 3 in this SKU.
    3. Merchant cannot return PermataEDC in full within the time period determined by the Bank
    4. The Merchant takes actions or Transaction that result in a Chargeback
    5.  The Merchant fails to update Merchant data during this SKU cooperation period.
    6. The Merchant fails to provide sufficient funds to the Merchant Account to debit the PermataEDC rental fee
    7. The Merchant divulges the confidentiality of Customer data and transaction through Permata EDC as regulated in Article 17 of this SKU.
    8. The Merchant provides a statement or guarantee that is untrue or not in accordance with reality.
    9. Merchant fails to inform force majeure conditions according to the specified time limit
    10. The Merchant neglects to carry out an obligation or violates one or more of the provisions contained in the SKU.
    11. The Merchant closes the Merchant Account or other account(s) registered with the MDF as long as it is still bound by this SKU.
    12. The Merchant fails to submit or is late in submitting the Documents as stipulated in Article 14 of this SKU.
    13. The Merchant commits violations and/or prohibitions as stipulated in this Article.
  2. Without prejudice to the other provisions regarding the prohibitions contained in the SKU, the Merchant is prohibited from doing the following:
    1. Perform actions that may result in losses for the Bank and/or that conflict with the SKU and/or carry out activities or business that violate a provision, law and applicable laws and regulations issued or stipulated by the Regulator;
    2. Submit and or transfer all or part of the rights and obligations arising from this SKU to any party without prior written approval from the Bank. Any delivery and or transfer made by the Merchant without obtaining prior written approval from the Bank will be considered null and void;
    3. Requesting additional fees/money from the Customer for the Sale Transaction and/or QR Transaction services received by the Merchant. Specifically for ATM Mini Transaction, Merchant shall be permitted to charge certain transaction fees to Customer;
    4. Recording or recording data that can be accessed from the Card in any way, including but not limited to Swiping outside PermataEDC and any form of double Swipe for Transaction using the Card and storing and disseminating data to any party without prior approval from the Bank ;
    5. Under any circumstances, it is not permissible for the Debit Card Holder's data contained in the EDC Transaction Slip to be written down, corrected or replaced, reviewed and or changed manually;
    6. Merchant shall be prohibited from using the Bank's IPR without written approval from the Bank. In the event that the Bank has given the intended written approval, the use of the Bank's IPR by the Partner cannot be interpreted as a transfer of the Bank's IPR to the Merchant. The Merchant shall then be fully responsible to the Bank if there is any misuse of the Bank's IPR either caused by the Merchant or any third party outside the Bank's control;
    7. Perform billing directly or indirectly and/or pay back in cash to Customer for Sales Transaction and/or QR Transaction that have occurred;
    8. Using the Merchant's own Credit Card at PermataEDC installed at the location;
    9. Receiving payment for the sale of goods and/or services without a physical card, unless under written approval from the Bank;
    10. Make cash withdrawals for Merchant needs or at the request of Cardholders at Merchant Locations for any reason in Sale Transaction and/or QR Transaction using Credit Card funding sources.
    11. Receiving a Sale Transaction used to refinance an existing debt or to replace a rejected check;
    12. Perform Fallback Transaction;
    13. Using 2 (two) or more EDC Transaction Slips to avoid split sales;
    14. Providing EDC Transaction Slips to Customer without prior Transaction with Customer;
    15. Set a minimum transaction value for Cardholders who will carry out Sale Transaction and/or QR Transaction through PermataEDC at Merchant;
    16. If the Card used turns out to be a counterfeit or stolen card or is the result of a crime, the Merchant shall be obliged not to accept the Transaction and withhold the Card with the best efforts and immediately notify the Issuing Bank and shall carry out further instructions from the Issuing Bank.
  3. If the Merchant is proven to have committed a prohibition, negligence, and violated one or more of the provisions stipulated in this SKU, Bank under its considerations/policies by not violating the prevailing laws and regulations shall then be entitled to impose sanctions in the form of:
    1. Terminate or terminate cooperation with the Merchant as referred to in this SKU immediately; and/or.
    2. Delaying or not making payments for the results of the Transaction to the Merchant including revenue sharing and or deducting or charging back payments that have been paid; and/or
    3. Blocking Accounts and/or debiting Merchant Accounts and/or debiting Merchant guarantee funds and/or Collateral Merchant for leasing PermataEDC, or other matters due to Merchant negligence/mistakes for payment of compensation. In the event that the funds in the Merchant Account are not available and/or insufficient, the Merchant shall return all of the funds in cash to the Bank no later than 7 (seven) Business Days since the Bank submitted the said claim; and/or
    4. Deactivating PermataEDC and/or withdrawing PermataEDC without prior notification to the Merchant; and/or
    5. Ask the Merchant to return funds in the amount of the value of Transaction that are indicated as suspicious Transaction and or Transaction that are indicated to be carried out with elements of crime or deception or fraud by the Merchant; and/or
    6. Collect all and any amount of money that must be paid by the Merchant under the contents of this SKU immediately and at once; and/or
    7. Claim compensation as a result of negligence (if any); and/or
    8. Debit funds in the Account including funds in other accounts on behalf of the Merchant at the Bank to pay all of the Merchant's obligations arising under this SKU including compensating the Bank for losses incurred due to negligence (if any); and/or
    9. Ask the Merchant to pay an amount of money no later than 7 (seven) Business Days from the date of the request for payment submitted by the Bank to the Merchant, if the funds in the Account have not been successfully blocked or debited or the funds are insufficient to pay all of the Merchant's obligations arising based on this SKU.
  4.  If the Merchant commits negligence, mistakes and violations of all the obligations of the Merchant and the provisions stipulated in this SKU, and causes material or immaterial losses to the Bank, the Merchant himself, or other parties outside the Bank's control, all risks and losses shall be the burden and responsibilities of the Merchant. Therefore, the Merchant shall be responsible and obliged to pay full compensation for all risks and losses that occur and the Merchant shall be obliged to pay for any losses and all bills that arise and the Merchant agrees that this is not the burden and responsibility of the Bank and that the Bank shall not provide compensation whatsoever for all claims, lawsuits, claims, requests for compensation that may arise and be filed by the Customer/Cardholder and/or any other party. The Bank has the right to make claims for compensation for all losses arising from negligence, errors and violations of all Merchant obligations.
  5. If the Merchant fails to have good faith in being responsible and making compensation payments as referred to in paragraph 4 of this Article, the Bank has the right to debit the Merchant Account and/or not make payment of Merchant Bills as a compensation for losses in accordance with the provisions in this SKU or by means of -Other ways to resolve the issue of compensation.
  6. Sanctions imposed on the Merchant for negligence/ban/violation of SKU, shall not eliminate the Merchant's obligation to continue to fulfill all the requirements contained in the SKU.

Article 19

Notices and Correspondence

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

Article 20

Term snd Termination of SKU

  1. This SKU shall be effective on the date stated in the BAST for a period of 2 (two) years and is automatically renewed for the same period and so on if there is no confirmation of the termination of the SKU from one of the parties.
  2. If the Merchant wants to terminate this SKU, notification shall be given in writing or through other media deemed valid by the Bank no later than 15 (fifteen) Business Days prior to the effective date of the desired SKU termination.
  3. The Bank shall be entitled to terminate the SKU with the Merchant by deactivating and/or withdrawing PermataEDC immediately without the obligation to notify the Merchant of ending the SKU in the event that one or more of the following occurs:
    1. If the Merchant is involved in negligence as described in article 18 of this SKU
    2. If the PermataEDC machine is not used for Transaction for 3 (three) consecutive months,
    3. If the Merchant is included as one of and/or has a record on the Merchant Black List issued by an authorized institution and/or is subject to a confiscation, either part or all of his/her assets/wealth.
    4. If the Merchant is declared in a state of bankruptcy based on a court decision that has permanent legal force or is given a delay in paying debts (surseance van betailing).
    5. When the Merchant submits an application to the competent authority to be declared bankrupt or to be granted a delay in paying debts (surseance van betailing) or when another person/party submits an application to the competent authority so that the Merchant is declared bankrupt.
    6. Under reasonable internal considerations and not violating the prevailing laws and regulations, the SKU shall be terminated.
  4. In the event of termination of the SKU, the Merchant must return PermataEDC in good and complete condition.
  5. The termination of the cooperation as referred to in this SKU fails to cancel or eliminate all rights and obligations of each Party that has arisen before the effective date of termination, so each Party shall remain bound until these obligations are declared completed by the Parties.
  6. In the event of termination of the SKU, the Parties agree to waive Article 1266 of the Civil Code, so that the termination of this SKU does not require court approval.
  7. After the SKU expires, the Merchant remains responsible for the execution of Transaction made up to 18 (eighteen) months from the date of execution of the last Transaction and the Merchant is required to keep a Transaction Slip for transaction made during that period.

Article 21

Force Majeure

  1. Force Majeure shall mean events that occur beyond the ability and power of the Parties so that they affect the implementation of this SKU, including but not limited to: earthquakes, hurricanes, floods, landslides, volcanic eruptions and other natural disasters, Wars, demonstrations, riots, terrorism, sabotage, embargoes, mass strikes, economic policies of the Government and other causes that directly affect the implementation of SKU.
  2. In the event of a Force Majeure event as referred to above affecting the implementation of one Party's obligations, the Party experiencing a Force Majeure situation shall be obliged to notify the other party in writing/orally in the SKU within later than 3 (three) Business Days starting from the occurrence of the Force Majeure situation to be resolved by deliberation. If the party experiencing the Force Majeure fails to notify the other Party within that period, then all losses, risks and consequences that may arise will be the burden and responsibility of the Party experiencing the Force Majeure.
  3. In the event that Force Majeure occurs continuously, the Party that fails to experience Force Majeure can choose whether to continue or stop the SKU. If a Party that has not experienced a Force Majeure wishes to terminate the SKU, such intention must be notified in writing to the Party that has experienced a Force Majeure within the time deemed appropriate by the Party that has not experienced a Force Majeure.

Article 22

Power

  1. In the event that there is an implementation of the provisions in the SKU that requires special power of attorney from the Merchant, then the power of attorney shall be deemed to have been given by the Merchant based on this SKU.
  2. Authorizations granted or stated in the SKU shall be irrevocable and an integral and inseparable part hereof, which shall be irrevocable, shall not nullified unnullified and unexpired due to any reasons or event whatsoever to the extent that Merchant shall have obligations to the Bank and the Parties hereto shall hereby waive the provisions of Article 1813 of the Civil Code in force in the Republic of Indonesia ("KUHPer") (which basically regulates the termination of the power of attorney by (i) withdrawing the power of attorney, (ii) notification of termination of power by the attorney, (iii) demise, amnesty or bankruptcy, both the principal and the attorney) , Article 1814 of KUHPer (which basically regulates the termination of power by withdrawing the power of attorney) and Article 1816 of KUHPer (which basically regulates the termination of power due to the appointment of a new attorney to carry out the same business).
  3. The Merchant hereby authorizes the Bank for and on behalf of the Merchant and therefore the Bank is hereby authorized to do the following:
    1. Managing Merchant Accounts including crediting and re-debiting the Merchant Account in the event of an error/mistake in debiting and/or crediting in connection with the completion of Transaction and/or execution of SKU contents.
    2. Blocking Accounts and/or debiting Merchant Accounts and/or debiting guarantee funds and/or Collateral Merchant for leasing PermataEDC and/or for payment of compensation
    3. In connection with the implementation of ATM Mini Transaction based on SKU, the Merchant hereby grants power and authority to the Bank to debit funds in the Merchant Account in the amount of the value of the ATM Mini Transaction and credit the debited funds to the accounts of the parties entitled/interested in the ATM Mini Transaction, as well as authorizing the Bank to debit Merchant Accounts in connection with payment of fees and/or Bank income.
    4. Carry out other actions that are considered good by the Bank in connection with carrying out transaction using PermataEDC and/or the actions regulated herein.

Article 23

Legal Selection and Dispute Settlement

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

Article 24

Other Provisions

  1. The Bank provides several other special features on PermataEDC for Merchant that are determined and approved by the Bank, with feature conditions as further regulated in the specific terms and conditions of each feature.
  2. Bank shall be entitled at any time to make changes to the contents of the SKU by giving notice to the Merchant within not later than 30 (thirty) Business Days before the change in question takes effect or other period as permitted by the prevailing laws and regulations (" Notification Period "). In the event that the Merchant fails to agree to changes to the contents of the SKU proposed by the Bank, the Merchant can submit an objection and has the right to terminate the use of PermataEDC during the Notification Period by first fulfilling all payment obligations that are still owed to the Bank under the SKU (if any). If the Merchant files no objection to the changes to the contents of the SKU submitted by the Bank during the Notification Period, the Bank shall be entitled to assume that the Merchant agrees to these changes and the Merchant shall be bound by all changes made by the Bank.
  3. All taxes and duties incurred in connection with the implementation of this cooperation shall be the responsibility and burden of each Party in accordance with the applicable tax regulations.
  4. For matters that have not been regulated in the SKU, all provisions in the Civil Code and Bank Indonesia regulations and provisions of other laws and regulations related to the SKU.
  5. If a provision in the SKU shall be declared invalid and/or in contradictory and/or legally unenforceable, either partially or entirely, by a provision of the applicable laws and regulations or by an authorized government agency, then the discrepancy or inapplicability shall not be affect the validity and enforceability of other provisions in the SKU. However, if the discrepancy or inapplicability results in not properly achieving the objectives of the SKU, the Parties agree, with their best efforts, to replace the provisions that become invalid, invalid or unenforceable with new provisions that reflect as much as possible the intent and purpose of making them this SKU.
  6. This SKU constitutes and includes all agreements of the Parties and supersedes all offers, negotiations, exclusions and previous agreements both verbally and in writing. If there are differences between the provisions in the SKU and the other agreement documents, then the provisions in this SKU shall apply, unless it has not been regulated in the SKU, the provisions in the other agreement documents shall then apply.
  7. If the Merchant takes actions outside the provisions as stipulated in this SKU, all charges and/or lawsuits and/or claims submitted by other parties in connection with the actions taken by the Merchant shall then be entirely the responsibility of the Merchant, and hereby the Merchant holds the Bank harmless from any the consequences of such negligence.
  8. This SKU is made in English and Indonesian. The two language versions shall behave equally. In the event that there are differences in understanding in this SKU, the Indonesian version shall prevail.
  9. If there is a complaint regarding Bank Permata products/services or there is a notification that the Merchant intends to convey to the Bank, the Merchant can submit the intended complaint or notification through PermataTel with telephone number 1500111 or 021-29850611 or through other media determined by the Bank which can be read on the website www.permatabank.com, by preparing the documents that shall be needed in connection with the complaint submitted or the such notification.
  10. Merchant will remain comply with the provisions determined by the Bank including Anti Bribery policy applicable at the Bank and promise as well as commit not to give any gifts, commissions, rebates or any other forms/actions that can be categorized as bribery to the Bank, Bank employees   and or other third parties related to the Bank and /or Bank employees in connection with the implementation of SKU herein.
    The Bank has right to terminate, end or postpone SKU herein at any time with or without any reason whatsoever if there is any indication of bribery or bribery commited by or on behalf of or for the benefit of the Merchant.
  11. The Merchant declares that the Bank has given sufficient time to understand the entire contents of this SKU.

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

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