Activation is an activity/process that is undertaken in order the service could be well operated.
Subscription Fee is a fee that must be paid by the CUSTOMER to PT INDOSAT MEGA MEDIA ("IM2") on Services uses.
User Acceptance Document (UAD) is report of completed installation and instrument activation, or deactivation of Service.
Block is a condition where the Service is temporary disconnected.
Close or also known as Deactivation is condition where physical instrument has been dismantled, thus the Service is no longer available.
GIG is a ultra high speedinternetbroadband service based on Fiber Optic, offering unlimited broadband at 7x24 hours to customers.
GIG Plus is a ultra high speed internet broadband service special for Small Office Home Office (SOHO) segment based on Fiber Optic, offering unlimited broadband at 7x24 hours to customers.
Subscription Form (SF) is a form with terms and conditions that is made by and between CUSTOMER and IM2 as a requirement to subscribe the Services. The form is compulsory filled in by CUSTOMER to be submitted to IM2 as registration process, hereinafter referred to as Contract.
Modification Form (MF) is a form that should be filled in by CUSTOMER and submitted to IM2 when CUSTOMER need to modify administration or technical data.
Installation is a process to physically connect/configure the instruments in order to make the Service available.
Access Network is the telecomunication network that connect IM2 network infrastructure to customer equipment, from Optical Line Terminal (OLT) to Optical Network Terminal (ONT).
Service means GIG and/or GIG Plus services.
IM2 Equipment is instruments that owned or provided by IM2 which is installed at CUSTOMER's location in order the Service to be operable.
Customer Equipment means any instruments that owned or provided by CUSTOMER, which is located at the CUSTOMER's location to operate the Service.
Unblock is a situation where a service / services can be reused.
IM2 assets and supporting facilities used in order to give services connection remain to be own by IM2 and to be lend to CUSTOMER as listed and stated in UAD.
During subscription period, IM2 assets and other supporting facilities as mentioned in paragraph 1 will be under CUSTOMER's responsibility.
In the event of the loss of IM2 assets and other supporting facilities as mentioned in paragraph 1of this Article, CUSTOMERis obliged to provide written statement from The Authority (Police) maximum2x24 hours since the occurrence.
CUSTOMER neglects his obligation to the make payments as stipulated in Article 11 this Contract, the Service will Block at the end of the month (N).
There is a special request because it proved to be misused by others (the perpetrator).
Unblock will do by IM2 if :
CUSTOMER settle the payment and has been updated on IM2 billing system, the Service will be activated (unblock) in 1x24 hours automatically or by contact Customer Care.
There is a reactivation request after block because of misuse Service and no delinquent bills.
Invoice will still rise even if the Service is Blocked.
IM2 will disconnect (Close) the Service and will dismantle the instruments if only the following circumstances occuring :
CUSTOMER violates the provisions of this Contract.
CUSTOMER within 1 (one) month + 5 days subsequent to the block on Services (N + 1) referred to Article 7 paragraph (1) of this Contract, has not settled all claims issued.
If IM2 do Close referred to paragraph 4 of this Article, then the IM2 still entitled to collect on the remaining outstanding bills.
Both of parties are here with agree to waive Article 1266 of Civil Code Law, so any termination of this Contractas mentioned on this article should be conducted upon the written notification without the court awards waiting. Any provision in the Contract should remain valid until the completion of the whole rights and obligations of each party.
If the CUSTOMER unsubscribe, then the ONT device and its accessories will be taken back by IM2. If damaged or lost then to CUSTOMER will be fined Rp 1,000,000, - (one million rupiah).
For CUSTOMER that bind contract, if unsubscribe before years of contract expires, CUSTOMER should pay the remaining payment that was agreed at the Contract.
Relocation request for the installed Service's equipment to new location shall be treated as new connection, as far as technically feasible. All cost arises as a result of the relocation shall be at CUSTOMER liability.
Upon written request from CUSTOMER, IM2 could alter package towards the Service, as far as technically feasible.
CUSTOMER relocation to the new location shall bring ONT device and other devices to be installed in the new location.
Package alteration as mentioned in paragraph 2 (two) should cause the change of monthly fee and CUSTOMER should pay the alteration cost according to the prevailing regulation.
IM2 may comply to CUSTOMER's written request to transfer Service Contract to any third party, in condition that there are no technical changes, and the transfer is made to an eligible third party in accordance with existing regulations. All charges that arise by will be at CUSTOMER responsibility.
Alteration of rights as mentioned on paragraph (1) of this article should be implemented into written agreement which signed by CUSTOMER and third party on duty stamped paper.
Force Majeure means any event or condition out of the power of both parties to avoid such situation that might cause each cancellation or delay to perform their obligation in respect of this Contract. The events are including but not limited to earthquake, typhoon, fire, explosion, flood, sabotage, riots and malicious, government regulation and/or prohibition.
In the events of Force Majeure, the party shall notify the other party within 7 (seven) days since the date of Force Majeure take place.
All loss and expenses suffered by the party as a result of Force Majeure shall not be the responsibility of the other Party.
Should there be any dispute related to this Contract, the Parties agree to settle the dispute through amicable discussion.
In the event the dispute cannot be resolved through amicable discussion, the Indonesia National Arbitration Board (BANI) shall be requested to resolve the dispute by its arbiters according to the procedural rules of BANI on the first and final degree.
The Contract shall continue in effect and the Parties must continue to fulfill their respective rights and obligations until the dispute of mentioned in paragraph (2) of this Article has been settled, whether amicably or based on a BANI award with absolute legal effect.
This Contract was under on Indonesian Government Law.
Any other matter which has not been stipulated in this Contract will be regulated or stipulated letter in writing with due observance to the internal provisions and regulations of IM2 and the prevailing laws in Indonesia.
Should there is deference between data provided by IM2 and data provided by the CUSTOMER, the data kept by IM2 will govern.
This Contract includes SF, UAD, MF, and other documents, which are related to the provision of Service, all of which constitute an integral and separable part of each other. If there is any inconsistency between the provision in this Contract and provision in the UAD and other documents, the provisions of this Contract shall prevail.
All parties are subject to the laws and regulations in force in Republic of Indonesia any consequences arising due to offense or breach the Contract, the party who commits the offense will be liable to the other party full well consequences will either in administration or in legal consequences.
IM2 will not be liable for any loss or damage of CUSTOMER and or any third party as a result of Service Usage.
Indosat Phone is a basic telephony service provided by Indosat to facilitate Customer communication, either throught transfer of data or voice, using the features provided and selected by Customer.
Customer is a corporation or an individual, who has signed a Customer registration form and is responsible for paying any charges that result from the use of Indosat Phone service as started on the billing information in Indosat Database.
Access network is the telecomunication network or chanel that connects Indosat telecomunication network with Customer installation. From cable and power sources to the outside of Gate Terminal Box (GTB) or Central Distribution Framwork (CDF).
CUSTOMER's installation is the Residential/Structural Cable Installation (R/S C) from GTB or CDF to hardware terminal (telephone set) at CUSTOMER's address.
CUSTOMER's address is the address were Customer resides and/or other addresss defined by Customer.
To pay installation costs (initial setup fee, R/S CI Cost, facility feature activation cost) of the telecommunication line of the CUSTOMER's selection and specification.
To supply Customer installation at CUSTOMER's own expense.
To pay the total INDOSAT Phone service bill and monthly charges as started on the billing statement on the twentieth of every month at the latest.
To allow INDOSAT to check Customer's ’nstallation to ensure that the telecommunication line is functioning well.
To maintain CUSTOMER's installation at CUSTOMER's own expense.
To notify INDOSAT of any problem or damage to the telecommunication line.
To Obtain written approval from INDOSAT for every transfer of CUSTOMER's right, responsibility and/or obligation to another party. Without the aforementioned approval Customer will still be held responsible for any charges that result from the use of INDOSAT Phone service as declared in this contract.
To Notify INDOSAT of any planto temporaly or permanently terminate the contract.
To demonstrate the goodwill to abide by the terms of this contract.
Notification and complains can be addressed to the nearest Customer Service Center or the line 102 via operator.
To provide clear and completed information on CUSTOMER's location and position where INDOSAT Phone telecommunication line is to be Installed.
To provide good, fair and transparent service to customer.
To pay a reimburstment in the event of a billing error.
To properly maintain access network to ensure optimal function.
To provide information on INDOSAT Phone service rates and rate adjustment, at the very least by making a very public announcement throught the mass media prior to the date when the new rates or the rate adjustment when the officialy take effect or by routinely providing information throught the distribution of brochure or other form of information sources at INDOSAT'S discreation.
To provided information in INDOSAT Phone billing statement that the Customer can access any time.
To perform modifications on access network on line number of INDOSAT Phone service, in the event that a technical consideration or other consideration on behalf of better public service renders such change necessary.
To receive payment on time and in full according to the billing statement issued to Customer.
To decline CUSTOMER's request to change line number if such request is not technically and administratively feasible.
To conduct inspection on CUSTOMER's installation to ensure that the INDOSAT Phone service line is functioning well.
To impose sanction on Customer according to applicable rules.
As service and network provider of INDOSAT Phone, INDOSAT is entitled to specify effective service rates from line to time. The time when any change in service rates will take effect must previously be annonced in the mass media or throught the use of any other mechanism at INDOSAT'S discreation.
INDOSAT is not allowed to make any kind of modifications to INDOSAT Phone access network or line number unless such changes are carried out in accordance with the conditions of this contract.
INDOSAT is not allowed to take any action which may any disrupt CUSTOMER's access to INDOSAT Phone service as govermed by this contract and any applicable law, unless it is for a reason justified by applicable conditions or within the framework of operational procedure an maintenance to enhance the quality of the network and telecommunication service provided by INDOSAT (planned outage).
Indosat will be exempted for any loss in any form that may occur or already suffered by the subscribers, whatever for direct loss or indirect loss as an impact of the function or malfunction of the INDOSAT Phone service connection, including the losses caused by the following :
Changes in the access network, changes in the number or changes in INDOSAT telecommunication network as explained in article 6.1.
The Failure of interconnection in telecommunication network with other telecommunication operator.
Miscalculation in the billing by the access or use of the telecommunication services that is provided by telecommunication services that is provided by telecommunication operator outside INDOSAT.
Damages inflicted by subscribers.
Damages caused by any events/happening outside the control of INDOSAT.
INDOSAT Phone bill includes network cost and/or service rates of INDOSAT Phone, which consist of :
Monthly subscribtion charges and payment for facility (feature) and/or other equipment provided by INDOSAT.
Total service cost which is the volume of service use multiplied by existing rates.
Other charges such as duty stamp, VAT, outstanding bill, transfer fee (charge of line number, change of address, transfer of ownership), fine on outstanding bill and other telecommunication service charges which are payable to INDOSAT.
Information on rate, fines and other changes mentioned in point 11.1, including their adjustment from time to time, will be communicated/announced by INDOSAT to Customer before the date when the new rate will officialy take effect. At least once trough print and electronic media, or trough service rates brochures and on bulletin boards in local INDOSAT offices.
Information on INDOSAT Phone service billing statements can be accessed by Customer trough billing into access provided by local INDOSAT authorities or from line 102 through the operator.
Customer will be receive monthly bill, which should be paid in full at the latest on the due date mentioned on the bill.
In the event that customer does not recive/has not received a bill, Customer must immediately notify INDOSAT and inquire about the amount of the charge through Customer Service. Customer is still under obligation to meet the terms of payment at the latest on the due date even though Customer has not received the billing statement.
Any objection to the bill should be communicated at the latest on the due date mentioned on the billing statement.
Customer hereby acknowledges the validity of billing statement based on the data recorded electronically by INDOSAT.
Violation of clauses 5.1 dan 5.3 carries the penalty os isolation, which may be followed by termination of INDOSAT Phone services.
Violation of clauses 5.2 causes the failure of transfer of Customer obligations as governed by this contract from Customer to third party. In addition, INDOSAT reserves the right isolate the line number of the Customer in question until INDOSAT'S approval for transfer of Customer rights and obligations has been obtained.
Violation of clauses 2.3 carries the sanction of a fine and isolation that may not be followed by termination of INDOSAT Phone services according to the terms of payment.
Sanction that are carried out in accordance with points 11.1 and 11.2 do not preclude Customer (ex-Customer), designated heir, or substitute from paying all the outstanding bill in full. Including the fines, to INDOSAT.
Customer hereby acknowledges and states that conditions in clauses 11.1 trough 11.3 notify/inform the possibility on penalty and therefore, INDOSAT is under no obligation inform Customer or a sanction prior to its execution.
Partial or total failure to comply with the conditions of this contract by either of the parties involved is not regarded as a violation of contract if it is caused by a force majeure (any circumstances beyond the reasonable control of a party).
A force majeure constitutes any circumstances which are impossible to predict and have an extensive impact on the affected party, including natural disaster, famine rebellion, riot, war, fire, sabotage, worker strike, general power failure, all of which are beyond the reasonable control of the parties involve.
The entire loss suffered by one party as a result of a Force Majeure will not be constured as the other party’s responsibility.
Indosat exercises the right to exclusively terminate the contract following the execution of an isolation as sanction as decreed by clauses 11.1 and/or 11.2 and/or an incapacity on the part of INDOSAT to provide INDOSAT Phone service in CUSTOMER's area locality.
Customer can exclusively terminate this contract after notifying INDOSAT. But customer (ex-Customer) is still under the obligation to pay the outstanding bill in full to INDOSAT.
INDOSAT and Customer agree to disregard clause 1266 KUH Perdata to allow exclusive contract termination by either party, provided there has been contract violation and the contract termination is deemed legal without the ruling of a Judge.
Dispute about the execution and interpretation of this contract will be settled together by INDOSAT and Customer trough an amicable dialogue.
In the event that an amicable settlement as described in clause 15.1 cannot be achieved, INDOSAT and Customer agree to leave the settlement to either the State Court or State Arbitrator Agency of Indonesia.
This contract and it consequences are strictly under the law and regulations of Indonesia and both parties will therefore choose a permanent legal domicile at State Court Registrar Office.
The conditions that have not been suffciently formulated and regulated in this contract will be described further in brochures, product catalogue, announcements, notices and/or other documents that are officialy published by INDOSAT from to time.
Customer hereby declares to have thoroughly read and understood the contract and agree to be bound by every condition of the contract, including any amendment, addition or renewal of aforementioned, which will be decided upon by INDOSAT from time to time.