Services
Services
Terms And Conditions
(for Infrastructure as a Service)
This Terms and Conditions applied only for CBNCloud Customer’s as registered on CBNCloud Registration Form therefore Customer agree to obey all of regulation and prevailing provisions in the use of Services provided by CBNCloud , with the terms as follow:
DEFINITION
1.1
“CBNCloud ” is the Cloud Computing Company, established based on the regulation of legislation Republic of Indonesia, and hereby act as a provider of the Service, based on Registration Form accepted by CBNClou
1.2
“CBNCloud Infrastructure As a Service” hereinafterrefered to as the Service, is a product of CBNCloud focused in provision of infrastructure of computing activities of Customer in form of data storage service and server network required for supporting Customer’s operational bussines activites
1.3
“Customer” is the Party who register of the Service or the Party given by authority to register of the Service provided by CBNCloud .
1.4
“CBNCloud Registration Form” is a form which used by the Customer to register the Cloud Computing Service’s, this form is compulsory to fill by Customer before the Activation process started.
1.5
“Downtime ” is a temporary condition which caused disconnection of the Service that is used by Customer, which caused by direct or indirect interruption occurred in infrastructure and network system of CBNCloud
1.6
“Username” is a Customer’s unique identity given by CBNCloud to access the Service and will given by CBNCloud when the Customer register of the Service
1.7
“Activation Report is written document given by CBNCloud to Customer, informing that the Service already activated.
SCOPE OF WORK
2.1
CBNCloud shall provide the Service as promised in the Service Registration Form
2.2
Activation of the Service will be conducted after the Customer settle the down payment based on the invoice sent by CBNCloud to the Customer and will be evidenced by the signed Activation Report by the Parties.
2.3
The Customer is registered as user of CBNCloud Infrastructur as a Service with the information as known by Customer as cited in the Registration form or its attachment if anyPelanggan terdaftar sebagai pengguna dari fasilitas produk CBNCloud Infrastructure As a Service dengan informasi yang telah diketahui oleh Pelanggan sebagaimana yang tercantum dalam Formulir Pendaftaran atau lampiran-lampiran (jika ada).
2.4
CBNCloud shall only provide infrastructure require in the implementation of cloud computing technology used by the Customer, therefore CBNCloud shall not responsible for any applications content and software used by the Customer
2.5
CBNCloud shall take responsibility for the quality of the Service used by Customer based on the Service Level Agreement in every CBNCloud Service as mentioned in the Service Level Agreement section of this Terms and Conditions
2.6
Customer hereby understands and aware of any risk on using the Service’s or incapability of the Service’s provided, therefore Customer releases CBNCloud for any loss or responsibility due to such risk and responsibility as the Service provider in the event of Force Majeure
REPRESENTATION AND WARRANTIES
3.1
In using the Service, the Customer hereby state and warrants as follows:
a
The Customer will not use partially or in whole of intelectual property rights contained in this Terms and Conditions even the Intelectual property rights owned by CBNCloud or another user of the Service without written consent of the respective party
b
Customer shall not conduct spamming and hacking activities and any activities which considered dangerous and may disturb the Service and the infrastructure, software, application, and network owned by CBNCloud
c
The Customer hereby acknowledge that CBNCloud act merely as the Service provider therefore the Customer hereby agree to indemnify CBNCloud from any claim of loss toward any violation of Intelectual Property Rights used in the Service conducted by any other user without approval from the rightful owner of such Intelectual Property Rights.
d
The Customer shall use the Service as its purpose in accordance with the prevailing regulation in the Republic of Indonesia and therefore if the Service is used as an accessory to a crime or violation of laws, the Customer shall indemnify CBNCloud from any legal claim including the claim of damages arising from or in relation to such crime or violation of laws
RIGHTS AND OBLIGATION
4.1
Rights and Obligation of the Customer
4.1.1
Customer is not allowed to assign the Service used to any third party or any unauthorized party in this Terms and Conditions without prior written notice from CBNCloud ;
4.1.2
During the time of Service subscription Customer shall make a backup and or copies of data or the information including documents contained in the Service.
4.1.3
Customer hereby grant approval to CBNCloud or its representative to conduct schedule maintenance or other activities, which are deem necessary to improve Service Quality and internal security. Schedule maintenance shall be informed with the written notification to Customer
4.1.4
Customer shall have the obligation to appoint administrator to become technical contact person representing Customer to communicate with CBNCloud regarding the management of the Service used
4.1.5
Customer may request to change the service(either upgrade or downgrade), by priorly request made in writing to CBNCloud at the latest 14 (fourteen) calendar days prior the requested Service change date. Change shall be effective by the 1st (first) working day of the preceding month and Customer shall pay any costs required due to change of the Service requested
4.1.6
The Customer shall pay the Registration Fee and the Subcription Fee including other fees arising from the usage of the Service in ccordance with invoice sent by CBNCloud to Customer
4.1.7
Customer has the rights to enjoy the benefit of the Services in accordance with the respective Service’s and in accordance with the prevailing laws of the Republic of Indonesia.
4.2
Rights and Obligations of CBNCloud
4.2.1
CBNCloud shall provide the Service according to This Terms and Conditions.
4.2.2
CBNCloud shall not disclose or use any data, documents, information or records, in whatever form or medium, regarding the existence of this Terms and Conditions, the matters covered in this Terms and Conditions (the “Confidential Information”) or connected to the Customer, except for the purpose of police investigation by the Police of the Republic of Indonesia or other conditions pursuant of the prevailing laws and regulations if the disclosure of the Confidential Information required by the prevailing laws and regulations, then CBNCloud has to inform the Customer about such disclosure immediately
4.2.3
CBNCloud reserves the rights to temporary disconnect the service during or as a result of Force Majeure, which could harm CBNCloud or Customer or as the result of Custumer failure to settle the payment of the Service used by Customer
4.2.4
CBNCloud responsible to conduct the maintenance and repair limited only to damage or interruption of facilities of the Service provided by CBNCloud , if the damage or interruption caused by the fault, or omission conducted by Customer, CBNCloud has the rights to charge of the repair fee in as agreed by Parties
4.2.5
CBNCloud shall not be liable of the accuracy, confidentiality, or the quality of the Information was distributed by Customer using the CBNCloud Service.
4.2.6
CBNCloud shall not be liable for the damages incurrec by Customer caused by use of the Service.
PROHIBITED ACTIVITIES
5.1
Customer is not allowed to save, to share, and to use any material that contain, offend and related with pornografi, the sentiment of tribes, religion, human traficking, gambling, and any other measure that is in general contradict to the prevailing laws of the Republic of Indonesia
5.2
Customer is prohibited to commit forgery of identity in any manner that causing inconvenience to the interested party
TERMS OF THE SERVICES
6.1
This Service’s is valid for 12 (twelve) months since from the date as stipulated in the Activation Report (The Service Period)
6.2
The Service Period as described in subsection (1) will automatically extended for the subsequent 12 (twelve) months and Customer will be informed in 14 (fourteen) calender days prior to the expiration of the Service Period
FEE AND PAYMENT
1.1
Customer shall pay Registration and Installation Fee, which should be made in advance before the Services active and based on invoice received by the Customer.
1.2
Customer shall pay Subscription Fee each month, based in the invoice bill received by Customer from CMP and shall be paid no later than 25th (twenty fifth) of the month.
1.3
Extra Charge (plus administration fee required) for any extra service requested by Customer
1.4
All fees and/or cost stipulated on this Terms and Conditions exclude taxes and shall be borne by the Parties according to the prevailing laws and regulations.
1.5
CBNCloud has the right to temporary disconnect the Services and its facilities if after the Services is activated and could be accepted by the Customer, the Customer failed to settle outstanding account according to the Subscription Fee.
ACKNOWLEDGEMENT
CBNCloud only acknowledge this Subscription Terms and Conditions as its engagement base with the Customer in providing the Service therefore if in the future there have been dispute with another party or third party who is not authorized in this Terms and Conditions, CBNCloud shall be released from any legal claim or lawsuits arising out from such dispute.
TERMINATION OF THE SERVICE
9.1
If the Customer wish to terminate the Service before the expiration of the Service Period, Customer shall give prior notification 14 (fourteen) calendar days before the end of the expiration date and shall pay total subscription fee for any period unused.
9.2
CBN has the rights to suspend or terminate the Internet Service under the Following condition:
9.2.1
Customer’s negligence to paying obligations in accordance with the procedures specified by the CBNCloud ;
9.2.2
Customers have been violations of restrictions as is stipulated in the Terms and Conditions;
9.2.3
request has been made by Indonesian authority which required for official investigation of serious criminal action or any violation of Indonesian Laws.
9.2.4
Notification shall be made prior to disconnection.
9.3
Any rights and obligations of each of the Parties which have not been exercised or fulfilled, shall remain the responsibilities of each Party.
9.4
The Parties agree to expressly waive the provisions of article 1266 and 1267 of the Indonesian Civil Code.
APPLICABLE LAW AND DISPUTE SETTLEMENT
1.1
Clause dan the implementation of the Terms and Conditions shal governed under the law of the Republic of Indonesia.
1.2
Any dispute between CBNClod and Customer, arising from or in connection with this Terms and Conditions (”dispute”), shall be settled by mutual discussions between the Parties.
1.3
If CBNCloud and Customer can not settle such dispute by mutual discussion, CBNCloud and Customer agreed to settle such dispute through South Jakarta District Court
MISSCELLANEOUS PROVISION
1.1
Force Majeure
Each of the Parties is not liable for the delay or failure to fulfill its responsibility, caused by the following matters:
a
Natural disaster, fire, earthquake, flood, landslide;
b
An epidemic disease;
c
War, civil war, rebellion, riots, lootings, sabotage, bombings, disturbance as the result of terrorism act;
d
Company take over or confiscation by the Government or the authority, and;
e
The enforcement or amendment of laws and regulations;
All which have a direct effect toward the implementation of the terms and conditions of this This Terms and Conditions.
On the event where a Party experiencing force majeure, soon after taking maximum measurements and still is unable to tulfill the Terms and Conditions, therefore the Parties shall conduct a negotiation to resolve the problem for the best solution for both Parties.
1.2
Confidentially
Every Party who knows that every Information obtained regarding or related to the activity of its counterpart, which was received as the effect of the conduct of this Contract is the information under secrecy of the information, which may consider by the counterpart under secrecy. Therefore each Party must preserve the secrecy of the information and shall not, without the consent of the other Party (the counterpart) disclose the information to the third party for any purpose other than which was permitted to by the prevailing Law.
1.3
The English translation of This Terms and Conditions is made to assist Customer in understanding the content of This Terms and Conditions If Any dispute arise regarding the execution of This Terms and Conditions, The Parties shall agree that the bahasa Indonesia version shall govern and bind to The Parties
SERVICE LEVEL AGREEMENT FOR POSTPAID PAYMENT SYSTEM
12.1
CBNCloud will guarantee the Customer to use the CBNCloud Service for 24 (twenty four) hours each days, with the Srvice condition of a minimum 99,8% (ninety nine point five percent) or a maximum total downtime of 3 hours 36 minutes every 30 (thirty) calendar days
12.2
The Customer is entitled to a fee adjustment in downtime occured, which will be calculated in the subsequent month’s fee with the formula as follows :
SLB = (hM – Dt) x 100% hM
R = ( SLA – SLB) x MC
Dt = the amount of downtime (hour/minute) in one month calendar
hM = amount of time (hour/minute) in one month calendar
MC = Monthly Charge
SLB = Actual service level permonth
SLA = Service Level Agreement (99,5%)
R = Amount of restitution given
12.3
Restitution as mentioned in this provision shall not prevail in Force Majeure event and in the event that the downtime is caused by Customer negligence.
12.4
The Customer shall give a written notification not later than 30 days and immediately inform via email, faximile or phone since the downtime occured
12.5
The restitution shall only be calculated in time when the downtime occured
12.6
Restitution will be compensated as the fee adjustment on the subsequent monthly invoice
FOR POSTPAID PAYMENT SYSTEM
13.1
CBNCloud will guarantee the Customer to use the CBNCloud Service for 24 (twenty four) hours each days, with the Srvice condition of a minimum 99,8% (ninety nine point five percent) or a maximum total downtime of 3 hours 36 minutes every 30 (thirty) calendar days.
13.2
The Customer shall be entitled to subscription period extention or restitution if downtime occured more then the guaranteed Service Level Agreement , which will be calculated with the formula as follows :
R = Dt – DtSLAmax
R = subscription period extention (hour-minute- second based)
Dt = amount of downtime occured during subscription period (hour-minute- second based)
DtSLAmax = maximum amount of downtime guaranteed based on the Service Level Agreement multiplied by amount of months according to prepaid packages used
If the subscription period extention less than 24 hours, then the subscription period extention given will be 1 day
example:
Customer A is subscribing a 1 month prepaid packages service Occured downtime during Customer A subscription period is 5 hours 36 minutes
the calculation of subcription period extention given to A is as follows
Dt = hours 36 minutes DtSLAmax = 3 hours 36 minutes x 1 = 3 hours 36 minutes
subcription period extention shall beR = Dt – DtSLAmax = 5 hours 36 minutes-3 hours 36 minutes = 2 hours
Due to the reason that R = 2 hours = less then 24 hours, the subscription period extention shall be 24 hours
13.3
Restitution as mentioned in this provision shall not prevail in Force Majeure event and in the event that the downtime is caused by Customer negligence
13.4
The Customer shall give a written notification not later than 30 days and immediately inform via email, faximile or phone since the downtime occured
13.5
The restitution shall only be calculated in time when the downtime occured