TERMS AND CONDITIONS
OF TCI PRODUCT USAGE
Thank you for Your trust in using TCI’s products. By using any services and/or products provided by PT Teknologi Cekat Indonesia (“TCI”), hereby You, the company and/or business where You have given permission or authorization to represent You (“User”) agree to the following Terms and Conditions of TCI Product Usage as well as the terms, policies, and other related documentation as implemented by TCI from time to time (“Terms and Conditions”).
TCI may review and amend these Terms and Conditions from time to time at TCI’s sole discretion. The User acknowledges and agrees that the User is obliged to check these Terms and Conditions from time to time to be aware of the latest conditions or information regarding the terms of Product usage provided by TCI.
I. General Terms
These General Terms apply to all Users who use any Product (as defined below) provided by TCI.
A. General Definition
- BAST means Minutes of Handover, a document signed by the Parties after the Training has been carried out which states that the Product can be used by the User.
- Intellectual Property Rights mean patents, copyrights, trademarks, and other related rights as defined by applicable law.
- Confidential Information means all business-related information of TCI that has been or will be provided to the User, including but not limited to product design, financial information, and marketing plans.
- Trial Service means a Product service provided to Users with certain limitations as referred to under these Terms and Conditions.
- Active Period means the active period of Product subscription based on the package paid by the User.
- Force Majeure means unforeseeable circumstances that prevent the Parties from fulfilling their obligations under these Terms and Conditions.
- Usage Agreement means an agreement for the use of the Product signed by the Parties which details the terms of Product usage.
- Party means TCI or User.
- Product means the product offered and provided by TCI, including but not limited to WhatsApp Business API & Omnichannel, CRM Application, and Call Center System.
- Quotation means a document issued by TCI to the User, regulating the Product package selected by the User.
B. Package Details, Fees, and Payments
The User acknowledges, understands, and agrees that the details of the Product package selected by the User are as stated in the Quotation and/or the Usage Agreement.
C. User Representations and Warranties
The User represents and warrants that:
- The User is competent and authorized to agree to these Terms and Conditions.
- The User has obtained all necessary licenses for the obligations under these Terms and Conditions.
- There are no ongoing legal actions that could materially affect the User’s ability to perform its obligations under these Terms and Conditions.
- The User complies with all applicable anti-bribery and anti-corruption regulations.
- The User guarantees that it has obtained valid consent from personal data owners whose data is provided to TCI in relation to the Product usage.
- The User guarantees to always comply with the terms, conditions, and privacy policies that apply to each Product.
D. Indemnification and Limitation of Liability
If the User suffers a real loss when using the Product during the Subscription Active Period, proven to be caused by TCI’s direct error or negligence, the User may submit a request for compensation to TCI.
TCI’s compensation is limited to the usage fee paid by the User, subject to specific conditions. TCI will not be responsible for any indirect or consequential losses.
E. Intellectual Property Rights
These Terms and Conditions will not be considered as a transfer of any Intellectual Property Rights which are the property of each Party or its affiliates.
F. Confidential Information
All information provided by one Party to the other in connection with these Terms and Conditions is considered confidential, except for certain excluded categories.
G. Data Security
All information and data obtained by TCI from the User in accessing and using the Product (“Data”) will be handled in accordance with applicable laws and regulations. TCI is authorized to use the Data as necessary to provide and optimize the Product.
H. Termination
These Terms and Conditions end when the Active Period or the Trial Service has ended, unless otherwise stated. The Parties agree that these Terms and Conditions may be terminated earlier under specific circumstances, with prior notification.
I. Force Majeure
If Force Majeure occurs, the affected Party must notify the other Party and make efforts to restore its ability to fulfill its obligations.
J. Applicable Law and Dispute Resolution
These Terms and Conditions are governed by the laws of the Republic of Indonesia. Disputes shall first be settled amicably, and if unresolved, through arbitration at BANI Arbitration Center (BANI) in Jakarta.
K. Service Level & Product Help Center
Hotline TCI Support:
WhatsApp: +62-831-2454-5768
Email: [email protected]
Operational Hours:
Monday – Friday: 08.00 – 20.00 WIB
Saturday – Sunday: 09.00 – 18.00 WIB
II. Specific Terms For Each Product
The following are the Specific Terms that apply to Users according to the type of product selected.
Specific Terms & Conditions for the Use of WhatsApp Business API & Omnichannel Products
The terms below are only relevant if the User uses a Product in the form of WhatsApp Business API & Omnichannel.
A. Definition
- WhatsApp Business API means a business version of the WhatsApp account that can be provided by TCI as the official business solution provider from Meta.
- Meta means Meta Platforms, Inc., which is the owner and developer of the WhatsApp Business API.
- Omnichannel Cekat means an application provided by TCI which functions to manage conversations from the WhatsApp Business API and several other social media (e.g., Facebook Messenger, Instagram, Line, Twitter, Telegram, Email, and Live Chat), equipped with multiple agent and reporting features.
- User means the party legally appointed and recommended by the User, such as the User’s employees, to operate the Product.
- Implementation means the training process for the use of the Product up to the handover, which will be carried out by TCI.
- Product Usage Period means the period during which the User can use the Product after the handover of the Product account from TCI and after the User has implemented it.
- URD Document (User Requirement Document) means a document that contains the process flow of the Implementation of User policies, including the Implementation schedule and structure agreed upon by the Parties.
- Fee means all fees that must be paid by the User to TCI as set out in this Form, including but not limited to usage fees, BIC, UIC fees, and other relevant fees.
- Monthly Unique Visitor (Unique Inbound Contact) or MUV means a customer’s unique ID who makes conversations on the Cekat Omnichannel and can be a WhatsApp telephone number, Instagram username, Twitter username, and other unique accounts from social media that can be integrated with the Cekat Omnichannel. MUV calculation will be recalculated every month.
- WhatsApp Conversation Credit means the conversation quota of UIC.
- User Initiated Conversation (Conversation Services) or UIC is a definition set out by Meta and may be changed from time to time by Meta, which means a conversation session initiated by a User’s customer that starts when the User replies to the first message from the customer. The User has a period of 24 (twenty-four) hours to reply to the first message. If the User replies after the 24-hour interval, a new conversation fee will be charged, and a new 24-hour conversation session will be calculated.
- Business Initiated Conversation or BIC is a definition set by Meta and may be changed from time to time by Meta, meaning a conversation session initiated by a User in the form of a notification message or a message used to follow up on a previously conducted conversation and sent using a template. A BIC session can last for 24 hours starting from the first message sent by the User.
- Authentication Conversation means a conversation that allows a User to authenticate a customer with a one-time passcode or with multiple steps in the login process (e.g., account verification, account recovery, integrity challenge).
- Utility Conversation means conversations that facilitate certain requests or transactions agreed upon or provide up-to-date information to customers about ongoing transactions, including post-purchase notifications and recurring billing reports.
- Marketing Conversation means conversations that include promotions, information updates, or invitations for customers to respond to or take action. Any conversation that does not qualify as a Utility Conversation or an Authentication Conversation is a Marketing Conversation.
- Conversation means a 24-hour conversation window where Users and their customers can have conversations freely (without templates).
B. User Account & Active Period
- Users are required to register by creating an account in the application.
- The Active Period can be extended with a written agreement made separately by the Parties.
- Users can access and use the Product in accordance with the Terms of Use of the Product from the start date stated in the BAST or BASTP (as relevant).
C. Billing & Addition of Product Facilities
- Proforma Invoice or Invoice for Fees will be sent by TCI to the User. If payment is made using the payment term method, an Invoice for subsequent payments will be issued to the User and must be paid according to the time specified in the Invoice.
- Payment of Fees must be received by TCI no later than 14 (fourteen) calendar days from the date stated on the Invoice, and the User sends proof of payment to TCI. Upon receipt of payment, TCI will provide the User with: (i) Original Invoice; and (ii) Original tax invoice (“Proof of Payment”).
- Proof of Payment will be sent according to the date of receipt of payment.
- If the User requires additional quota/services, additional fees will be charged to the User as follows:
- BIC and UIC additional fees subject to Meta terms:
- Fees applied by Meta, including fees for User Initiated Conversation and Business Initiated Conversation (“BIC and UIC Fees”), will always refer to the conditions set by Meta as informed through the official website of Meta and/or other communication media as determined by Meta from time to time.
- TCI will notify the User if there is a change in BIC and UIC Fees by Meta. The User hereby guarantees and states that the determination of the BIC and UIC Fees is Meta’s sole discretion without involvement from TCI. Therefore, the User understands and acknowledges that BIC and UIC Fees may be subject to change by Meta from time to time, and the User agrees that changes to the BIC and/or UIC Fees applied by Meta will be effective according to the date notified by TCI.
- Management fee:
- The User is required to pay a management fee charged by TCI, which will be stated in the Quotation and/or Usage Agreement. This management fee can be changed at any time by TCI.
- MUV additional fee:
- If the User requires additional MUVs in the current month, Users can purchase additional MUVs at a fee set by TCI, which amount will be stated in the Quotation and/or Usage Agreement. This MUV additional fee can be changed at any time by TCI.
- User additional fee:
- If the User requires additional Users, the User will be charged a fee per User determined by TCI, which will be stated in the Quotation and/or Usage Agreement. This User additional fee can be changed at any time by TCI.
- BIC and UIC additional fees subject to Meta terms:
- For the avoidance of doubt, BIC and UIC Fees and management fees cannot be paid in installments by the User.
- Each Party is responsible for taxes that must be paid in accordance with the provisions of the applicable laws and regulations.
D. Training
- TCI will provide training on the use of the Product aimed at Users (“Training”).
- The Training provided by TCI is carried out free of charge for one (1) time.
- The User can obtain additional training at an additional fee (“Additional Fee”) with details that will be regulated in the Quotation and/or Usage Agreement.
- The Training will be carried out under the following conditions:
- Can be carried out online or by a visit to the User’s office;
- If it is carried out with a visit to a place outside the JABODETABEK, Bandung, or Surabaya area, the User is required to pay transportation and accommodation fees;
- Can only be carried out after the User agrees to these Terms and Conditions and pays the usage fee.
- Additional Training will be carried out provided that:
- If the User is domiciled in the JABODETABEK area, additional training can be carried out online or through visits;
- If the User is domiciled outside the JABODETABEK area, additional training will be carried out online;
- Additional training can only be carried out after the User pays the usage fee and Additional Fees.
E. Adjustment
- The Parties acknowledge and agree that Meta has sole discretion in making changes, modifications, and/or adjustments related to the Product, whether related to criteria, price, specifications, types, and other related matters. Therefore, the Parties agree that in the event of any changes, modifications, and/or adjustments implemented by Meta, such changes, modifications, and/or adjustments will be effective based on the date stated in the notification submitted by TCI to the User.
Specific Terms & Conditions for the Use of Customer Relationship Management Products
The Terms and Conditions below are only relevant if the User uses the Product in the form of a Customer Relationship Management Application.
A. Definition
- CRM Application means a customer relationship management platform designed to improve sales and marketing performance. This platform is equipped with features such as lead management, sales management, ticket management, contact management, task management, along with comprehensive analytical reports to understand sales activity.
- User means the party legally appointed and recommended by the User, such as the User’s employees, to operate the Product.
- Implementation means the discussion process regarding setting up the CRM Application according to the User’s company policies (Meeting Requirements), the process of entering User data into the CRM Application (Setup/Migration), training for using the CRM Application until handover.
- Product Usage Period means the period during which the User can use the Product after handing over the Product account from TCI and after the User has implemented it.
- URD Document (User Requirement Document) means a document that contains the process flow of the Implementation of User policies, including the Implementation schedule and structure agreed upon by the Parties.
- Fee means all fees that must be paid by the User to TCI as stipulated in the Quotation and/or Usage Agreement, including but not limited to usage fees and other relevant fees.
B. User Account & Active Period
- Users are required to register by creating an account in the application.
- The Active Period can be extended with a written agreement made separately by the Parties.
- Users can access and use the Product in accordance with the Terms of Use of the Product from the start date stated in the BAST or BASTP (as relevant).
C. Billing & Payment
- Proforma Invoice or Invoice for Fees will be sent by TCI to the User. If payment is made using the payment term method, an Invoice for subsequent payments will be issued to the User and must be paid according to the time specified in the Invoice.
- Payment of Fees must be received by TCI no later than 14 (fourteen) calendar days from the date stated on the Invoice, and the User sends proof of payment to TCI. Upon receipt of payment, TCI will provide the User with: (i) Original Invoice; and (ii) Original tax invoice (“Proof of Payment”).
- Proof of Payment will be sent according to the date of receipt of payment.
- Each Party is responsible for taxes that must be paid in accordance with the provisions of the applicable laws and regulations.
D. Training and Implementation
- TCI will provide a discussion regarding product system settings in accordance with User company policies (Meeting Requirements), the process of entering User Data into Products (Setup/Migration), together with Product use training aimed at Users.
- The training given simultaneously with the implementation as referred to in paragraph 1 above is carried out free of charge one (1) time.
- Users can obtain additional training at an additional fee (“Additional Fee”) with details of costs that will be stipulated in the Usage Agreement and/or Quotation.
- Training and Implementation will be carried out under the following conditions:
- Can be carried out online or by a visit to the User’s office;
- If it is carried out with a visit to a place outside the JABODETABEK, Bandung, or Surabaya area, the User is required to pay transportation and accommodation fees;
- Can only be implemented after the User agrees to these Terms and Conditions and pays the usage fee.
- Additional Training will be carried out provided that:
- If the User is domiciled in the JABODETABEK area, additional training can be carried out online or through visits;
- If the User is domiciled outside the JABODETABEK area, additional training will be carried out online;
- Additional training can only be carried out after the User pays the usage fee and Additional Fees.
Specific Terms & Conditions for the Use of Call Center Products
The Terms and Conditions below are only relevant if the User uses the Product in the form of a Call Center.
A. Definition
- Call Center System means a system designed to increase efficiency and productivity, maximizing the use of communication technology to engage and interact with customers, especially in dealing with customer problems. In its implementation, TCI may collaborate and/or partner with other licensed third parties.
- User means the party legally appointed and recommended by the User, such as the User’s employees, to operate the Product.
- Implementation means the discussion process related to setting up the Call Center System in accordance with the User’s company policies (Meeting Requirements), the process of entering User data into the Call Center System (Setup/Migration), and training for the use of the Call Center System up to handover.
- Product Usage Period means the period during which the User can use the Product after handing over the Product account from TCI and after the User has conducted the Implementation process.
- URD Document (User Requirement Document) means a document that contains the process flow of the Implementation of User policies, including the Implementation schedule and structure agreed upon by the Parties.
- Fee means all fees that must be paid by the User to TCI as set out in this Form, including but not limited to usage fees and other relevant fees.
B. User Account & Active Period
- Users are required to register by creating an account in the application.
- The Active Period can be extended with a written agreement made separately by the Parties.
- Users can access and use the Product in accordance with the Terms of Use of the Product from the start date stated in the BAST or BASTP (as relevant).
C. Billing & Changes of Product Facilities
- Proforma Invoice or Invoice for Fees will be sent by TCI to the User. If payment is made using the payment term method, an Invoice for subsequent payments will be issued to the User and must be paid according to the time specified in the Invoice.
- Payment of Fees must be received by TCI no later than 14 (fourteen) calendar days from the date stated on the Invoice, and the User sends proof of payment to TCI. Upon receipt of payment, TCI will provide the User with: (i) Original Invoice; and (ii) Original tax invoice (“Proof of Payment”).
- Proof of Payment will be sent according to the date of receipt of payment.
- The User makes a payment to TCI for each outgoing call made.
- Each Party is responsible for taxes that must be paid in accordance with the provisions of the applicable laws and regulations.
D. Training & Implementation
- TCI will provide a discussion regarding Product system settings in accordance with User’s company policies (Meeting Requirements), the process of entering User Data into Products (Setup/Migration) (“Implementation”), together with Product use training aimed at User (“Training”).
- The training given simultaneously with the implementation as referred to in paragraph 1 above is carried out free of charge one (1) time.
- Users can obtain additional training at an additional fee (“Additional Fee”) with details of fees that will be stipulated in the Usage Agreement and/or Quotation.
- Training and Implementation will be carried out under the following conditions:
- Can be carried out online or by a visit to the User’s office;
- If it is carried out with a visit to a place outside the JABODETABEK, Bandung, or Surabaya area, the User is required to pay transportation and accommodation fees;
- Can only be carried out after the User agrees to these Terms and Conditions and pays the usage fee.
- Additional Training will be carried out provided that:
- If the User is domiciled in the JABODETABEK area, additional training can be carried out online or through visits;
- If the User is domiciled outside the JABODETABEK area, additional training will be carried out online;
- Additional training can only be carried out after the User pays the usage fee and Additional Fees.