Thank you for accessing or using Pensign’s services, products and/or platform. This is the Terms & Conditions page (hereafter referred to as “Terms & Conditions”) of the Pensign service which governs the relationship and acts as an agreement between you and Pensign. Pensign is a platform that sells Digital Security Products and Electronic Seals (“e-materai”) issued by PERUM PERURI. By signing these Terms & Conditions, you acknowledge and agree that you are also bound by Pensign. You knowingly and without force know that Pensign is cooperating with the Principal in this case is PERUM PERURI, by signing these Terms and Conditions you acknowledge to be bound by the Terms and Conditions of PERUM PERURI. You are advised to carefully read the Pensign and PERUM PERURI Terms & Conditions because they may affect your rights and obligations under the law.
These Terms & Conditions can be changed and updated in the future according to the situation, conditions and needs either partially or completely. Pensign will notify you of any changes to its Terms & Conditions as long as you are still using the Pensign Service. Your agreement to the latest Terms & Conditions will be requested through the data you provide.
DEFINITION
Pensign is a digital platform that facilitates needs related to Digital Security Products and which are certified and legally enforceable, including Electronic Signatures, Electronic Seals, Electronic Stamps and so on.
Terms & Conditions is an Agreement between the Customer and Pensign which contains a set of rules governing the rights, obligations, responsibilities of the Customer and Pensign, as well as the procedures for using the Pensign Service system.
Customer is a company, partnership, firm, legal entity, ministry, agency, organization or group, through its representatives who register for Pensign Services.
Invited Users are individuals or entities other than the Customer who use the Service from time to time with the permission and access of the Customer.
Account means your account issued by Pensign, where each account owner will be given a userID, password, and can store their Personal Data.
You are a Customer, User or Invited User.
Principal is a manufacturer of digital products which in this case is PERUM PERURI.
Agreement is these Terms & Conditions.
PERURI’s Digital Products include Electronic Signatures (Shield), Electronic Seals, Electronic Stamps, Customer Verification (e-KYC), and so on which are provided and managed by PERURI as the owner of digital products.
Platform is a medium owned by Pensign (Platform, web, and other media that will exist in the future) that is used by the Customer.
Subscription is a Customer who purchases a subscription package for PERURI Digital Products with a subscription time limit.
Pensign’s services are (a) sales and storage of PERURI Digital Products, (b) management, processing and storage of electronic documents, (c) management of personal accounts and organizational accounts, and other services that may appear in the future.
Pensign Go is a service owned by Pensign based on On the Cloud.
The Verification Registration Form is an information or data sheet that must be completed by the customer related to personal and company data to ensure that the verification account that will be provided by Pensign is correct and can be accounted for by the Customer.
The Subscription Fee is the fee (excluding tax) that you must pay according to the plan or option you take. Pensign may change the price of packages or options held by Pensign from time to time with your knowledge.
Quota Fee is the fee (excluding tax) for the purchase of the Digital Product quota (EMET, ESGN, ESTAMP) that you choose and will use on the Accounts you have.
EMET is an Electronic Seal marking unit token whose amount is equivalent to one electronic seal.
ESIGN is an Electronic Signature unit token whose amount is equivalent to one electronic signature.
ESTAMP is a stamp marking unit token whose amount is equivalent to one electronic stamp.
Verified is a customer who has registered their company and provided their company data on the verification registration form to use the Pensign Service and subscribe to the package provided by Pensign.
Unverified are Customers who use free services from Pensign.
USE OF PENSIGN SERVICES
Pensign grants you the right to access and use Pensign Services according to your choice of subscription package or type of services you choose. These rights are non-exclusive, non-transferable and limited by and conditional on this agreement. You acknowledge and agree, subject to any written agreement in force between Customer and Invited User, or other applicable law:
That the Customer is responsible for determining who has access as an Invited User and the types of roles and rights they have to access documents that the Customer sends to the Invited User;
That the Customer is responsible for all use of the Service by the Invited User;
That it is the Customer’s responsibility to control each Invited User’s level of access to the relevant organization and Services at any time, and may withdraw or change the Invited User’s access or access level at any time, for any reason in any case;
If there is a dispute between the Customer and the Invited User regarding access, it is the Customer who must make the decision and regulate the access or level of access to the documents or Services that the Invited User will have, if any.
That the Customers and Invited Users are people who are capable and able to bind themselves in a legal agreement according to law.
That the Customer provides some information, personal data, Company data of the Customer and the Invited User when creating or applying for Account verification. You agree to provide personal and company data information correctly, clearly, accurately and completely. The company data that will be provided is the Business Identification Number (NIB), the Taxpayer Identification Number (NPWP), the name of the person in charge of the company, the email of the person in charge. Personal information and data that will be provided are Citizen Identity Card (KTP) or other identity cards, cellular phone numbers, electronic mail addresses, facial or selfie partners, IP Address, login information, geolocation and browser version. You will continue to update the personal information and data that you have provided to Pensign in order to keep the information and personal data true, accurate and complete from time to time.
If you provide statements and warranties, personal and company information or data that are untrue, unclear, inaccurate, or incomplete, then Pensign has the right to refuse the application for Account creation and suspend or terminate part or all of the Pensign’s Services provided to you.
You are responsible for all activities and consequences that arise in connection with the use of an Account or password, and you will always maintain the confidentiality of your password with great care. Pensign has the right to consider and treat all activities carried out through the Account as activities carried out by the respective Account holder itself. You are responsible for losses and legal consequences arising from your error or negligence in maintaining the confidentiality of your Account password. The customer will immediately notify Pensign if an alleged or unauthorized use of your account or password is found or a security breach.
Customers and Users are Invited knowingly and knowing that when using Pensign Services from your Account, you agree to provide your personal information and data to Third Parties or those affiliated with Pensign. Pensign and affiliates use your personal information and data with the aim of developing Pensign Services to make it easier for you in the future.
In order to comply with the provisions of laws and regulations, in the context of law enforcement processes or taking further preventive measures in connection with unauthorized activities, suspected criminal acts or violations of laws or regulations, Pensign may use or disclose your personal data to relevant agencies or other law enforcement agencies. In connection with you or such disclosure, you release and hold harmless Pensign from all claims, demands, damages that may arise in connection with such use or disclosure.
In the event that further repair and/or management is needed in order to improve services to you or in the event of a suspected leak or security breach, Pensign has the right to change or terminate access to part or all of your Pensign Services, without prior notification to the Customer.
In using the Account, you agree to comply with all legal provisions and laws and regulations in the applicable jurisdiction where the Pensign Account or Platform is accessed or used.
Customer understands and agrees not to use, modify, disassemble, duplicate, resell Pensign Services and/or other exploiting activities on Pensign software or hardware systems, networks and/or data with automatic or manual technology without Pensign’s permission.
REGISTRATION PROCESS
Registration is done by the Customer by self-registering through the Pensign website.
Customers will receive an activation link via the registered email. Customers can already use limited services from Pensign or called unverified.
Customers must fulfill all administrative requirements requested by Pensign if they want to use Pensign’s full services or buy packages, digital product quotas so that the Customer Account status becomes verified.
Pensign may refuse to provide Pensign Services or verify Accounts to Customers for the following reasons:
Involvement in criminal acts or violate legal, social, religious and moral norms;
Involvement in a group of prohibited organizations;
Blacklisted, Principal, Bank or Service Provider;
Other obvious considerations found by Pensign, Principal, or Service Providers include but are not limited to the profiling process accepted by Disdukcapil or affiliates.
PRODUCTS AND SERVICES
You, as the account owner, are aware that the digital products on the Pensign platform and the ones you use are products owned or produced by PERUM PERURI.
The electronic certificate issued by Pensign is the Electronic Certificate issued by PERURI and has a validity period. The customer will notify the account user if the Electronic Certificate from PERURI is nearing the end of its validity period.
Balance is the balance of digital products owned by the Customer in his Pensign Account.
Pensign has a feature of purchasing digital products in packages / bundling, and this feature can change at any time without notification to the Customer.
LIABILITY & WARRANTY STATEMENT
Customers and Users Invited are legally capable and authorized to take legal actions according to the laws of the Republic of Indonesia, including to bind themselves to and implement all the terms and conditions in these Terms and Conditions.
Customers make payments according to the selected digital product package / bundling choice and / or purchase the Digital Product quota selected by the Customer through the method / channel listed on the Pensign platform.
The Customer declares that the information, personal and company data in the verification registration form filled out by the Customer is correct and the Customer is responsible for the data and documents provided to Pensign. Customers are aware that the verification Registration Form is an integral part that cannot be separated from these Terms & Conditions.
Customers can only access or use the Pensign platform;
according to these Terms and Conditions,
for legitimate purposes
not used for purposes or acts of fraud, violation of law, crime or other actions, activities, actions or purposes that violate or conflict with the law, applicable laws and regulations or the rights or interests of any party.
Customers do not use Pensign to carry out transactions or actions that;
Violate the law or the provisions of the legislation.
Violate the rights of Pensign, Third Parties or affiliates including but not limited to privacy rights, copyrights, trademarks, patents, trade secrets or other intellectual property, as well as contractual rights or other rights protected under the provisions of the applicable laws and regulations.
By damaging or disrupting Pensign’s reputation
INTELLECTUAL PROPERTY RIGHTS
The entire Pensign platform and its support systems including but not limited to all: layout, design and appearance of Pensign contained in or displayed on the Pensign media platform; (b) logos, photos, images, names, brands, words, letters, numbers, text, and color arrangements contained in the Pensign platform; and (c) the combination of the elements as referred to in letters (a) and (b), is entirely the Intellectual Property Rights of Pensign and no other party also owns the rights to the platform or to the layout, design and appearance of the Platform.
Subscribers and Invited Users are not permitted from time to time to (i) copy, modify, adapt, translate, create derivative works from, distribute, sell, transfer, publicly display, reproduce, transmit, transfer, broadcast, describe or disassemble any part of or otherwise exploit the Pensign Platform (including the support system and services therein) licensed to the Customer, except as permitted in these Terms and Conditions, (ii) license, sublicense, sell, resell, transfer, transfer , distribute or exploit commercially or make available to third parties and/or software by any means; (iii) publish, distribute or reproduce in any way any copyrighted material, trademarks, or other information that Pensign owns without obtaining the prior consent of Pensign or the rights owner who licenses the rights to Pensign.
LIMITATION OF LIABILITY
Customers are aware that Pensign is a platform that provides services for PERURI Products in an “As is” and “As Available” condition. Pensign disclaims all warranties expressed or implied. Pensign does not warrant that any PERURI Products or services will meet Customer’s expectations or that access to PERURI Products or Pensign services will be timely or error-free. Pensign does not guarantee the availability of PERURI Products or any services and may modify or discontinue offerings related to electronic certificates issued by PERURI at any time.
The customer acknowledges that Pensign as the Platform is not responsible for the electronic certificates issued by PERURI including in this case the revocation of the electronic certificate by PERURI, and the abuse that occurs on the Pensign Platform and/or contrary to the PERURI Terms and Conditions.
Customers acknowledge that Pensign is only a Platform so that Customers can use PERURI Products or services so Pensign is not responsible for Customer failures in processes that occur in PERURI systems or services.
Customer agrees to indemnify Pensign from all claims, demands, and lawsuits for any consequences or losses arising in connection with: (i) non-performance or delay of an Electronic Transaction; and/or (ii) any interruption, delay, change, or unavailability on the Pensign and/or PERURI Platform.
The customer agrees that Pensign is not responsible for any consequences or losses arising from the things mentioned above, including but not limited to: (i) data loss; (ii) loss of income, profits or other income; and/or (iii) loss, damage or injury arising from the Customer’s use of the Pensign and PERURI Services.
Customers and Invited Users agree to hold Pensign harmless from all claims, demands, lawsuits, and damages of any kind and from any party arising in connection with:
The use of personal information or data by Pensign is based on these Terms and Conditions, or based on the approval, acknowledgment, authority, power, and/or rights that Customers and Invited Users have given us;
The provision of personal information or data by you to Pensign that violates applicable laws or regulations, violates the rights (including intellectual property rights) of any other party, or violates any contract, agreement, statement, decision, or document where the Customer is party to or bound therein;
Unauthorized use of the Pensign Platform, violates the law and provisions of applicable laws and regulations, rights (including intellectual property rights) of any other party, or violates any contract, agreement, statement, decision, or document in which the Customer is a party or is bound by it., or violate these Terms of Use.
FORCE MAJEURE
It is possible that Pensign cannot carry out, continue or continue Transactions or orders or instructions from Customers through the Platform or Account, either partially or completely, due to events or things beyond Pensign’s control or ability including but not limited to:
Any computer virus intrusion;
Trojan horse system;
Components or systems that can harm and interfere with the Platform, Services and/or Accounts;
Internet Service Provider services or services or other third party services or services available in the Service;
All disturbances that occur in the PERURI system, and/or
Natural disasters, wars, riots, malfunctioning equipment, systems or transmissions, power failures, telecommunication disturbances, government policies, banking and/or financial system failures and other events or causes beyond our control or ability. You hereby agree that We will be released from all claims, if We are unable to carry out instructions from You, either partially or wholly due to the event or cause of this Force Majeure.
APPLICABLE LAW & DISPUTE SETTLEMENT
These Terms and Conditions shall be governed and construed under the laws of the Republic of Indonesia.
All disputes or conflicts that arise in connection with or related to matters regulated in the Terms and Conditions (or parts thereof) including disputes caused by the existence or conduct of unlawful acts or violations of one or more of these Terms and Conditions (” Disputes”) must be resolved in the following manner:
one of the parties either You or We (the “First Party”) must provide written notice to the other party (“Second Party”) upon the occurrence of a Dispute (“Dispute Notice”). Disputes must be resolved by deliberation and consensus within a period of no later than 90 (ninety) calendar days from the date of the Notice of Dispute Dispute (“Deliberation Settlement Period”);
if the Dispute cannot be resolved by deliberation and consensus until the end of the Deliberative Settlement Period, the First Party and the Second Party are obliged to jointly appoint a third party (“Mediator”) as a mediator to resolve the Dispute and the appointment must be in written form signed jointly by the First Party and Second Party.
the mediation process by a special Mediator will be completed by one arbitrator appointed based on the Regulations of the Indonesian National Arbitration Board, having his/her address at Wahana Graha Building 2nd Floor, Jl. Mampang Prapatan Number 2, South Jakarta 12760, Republic of Indonesia (BANI).
Provisions regarding all costs, fees and expenses in the context of resolving Disputes are decided based on a final and binding arbitration award;
Except as required by applicable law or requested based on a request, decision or official decision issued, issued or made by a court or competent government agency, during the Dispute settlement process as regulated above until a decision is valid, final and binding on the First Party and The Second Party, the First Party and the Second Party are obliged to keep all information related to the Dispute and its resolution process confidential and therefore prohibited in any way inform, notify or announce to any party the existence of the Dispute or the settlement process including but not limited to the mass media (newspapers). , television or other media) and/or social media. If you violate the provisions of point (e), the Customer hereby acknowledges and agrees that all or part of the Customer’s right to use the Service, Platform, Account may be terminated or disabled by Pensign either temporarily or permanently.
In connection with the irrevocable power of attorney that the Customer gives to Pensign based on these Terms and Conditions, the power of attorney will continue to be valid and cannot expire for any reason including the reasons referred to and regulated in Articles 1813, 1814, and 1816 of the Book Civil Law Act, except in the event that the Customer closes the Customer’s Pensign account.
VALIDITY AND TERMINATION
These Terms and Conditions are valid since the Customer becomes a Pensign user and remain in effect as long as the Customer has not closed the Customer’s Pensign Account or the Customer has an active Pensign account.
The customer agrees and binds himself not to take any action that can limit, inhibit and/or reduce one or more of our rights and/or authorities based on these Terms and Conditions or applicable law.
The customer hereby agrees to set aside the provisions of Article 1266 paragraph (2) and (3) of the Civil Code so that the Terms and Conditions, Platform and/or Service can be terminated (either partially or completely, temporarily or permanently) in accordance with the Terms and Provisions without the need for a decision or stipulation from a court judge.
All approvals, powers, powers and/or rights granted by the Customer to Pensign in these Terms and Conditions cannot be terminated for any reason including for reasons as referred to in Articles 1813, 1814, and 1816 of the Civil Code as long as the Customer is still use Pensign GO or the Platform or still use and/or have an Account.
The Customer hereby releases us from all claims in connection with the implementation of all Pensign’s actions based on the power, authority and/or rights that the Customer grants to Pensign in or based on the Terms and Conditions as well as the implementation of Pensign’s rights or authorities based on the Terms and Conditions.
CONTACT
For any complaints related to the Pensign Platform and/or Customer’s account, or questions regarding these Terms and Conditions, the Customer may request to contact the Contact Channel or Pensign Customer Service (with supporting evidence), via the electronic mail address (e-mail) contact@emet. id and/or through physical documents sent to:
[ALAMAT]
UPDATING TERMS AND CONDITIONS
Pensign has the right to update the Terms and Conditions from time to time with prior notification to the Customer. The latest updated Terms and Conditions will be submitted to the Customer and re-approval will be requested. If the Customer does not agree or allow the renewal of the Terms and Conditions that have been sent to the Customer, Pensign has the right to deactivate the Customer’s Account and the Invited User.