Jurnal’s Usage Terms & Conditions
Valid as of 23 August 2023
These terms and conditions (“Terms and Conditions”) cover the use of any products, sites, and services available from Jurnal as detailed below (“Services”). You agree to these Terms and Conditions by accessing or using the Service.
- Add-Ons – means additional services outside the Package that can be selected according to your needs.
- Account – means your access rights to be able to use the Service.
- You or Your or Yours – means Invited Customer or User.
- Jurnal’s Fair Usage (Jurnal Fair Usage) or Fair Usage Pricing (FUP) – means the limitations as specified in Jurnal’s Package that You order and including any limitations imposed by Jurnal in relation to the Jurnal’s Service modules or features.
- Subscription Fee – means the monthly fee (including tax) that You must pay according to the list of fees listed on Jurnal’s Website.
- Intellectual Property Rights – means patents, function models, simple patents or other similar rights, rights to inventions, copyrights and related rights, and other related rights, know-how, inventions and software code, moral rights, trademarks and service marks, business name, domain name, right to product and packaging design, right to sue for misleading branding or unfair competition, right to design, right to computer software, right to database, right to use and protect confidentiality of, confidential information (including technical skills and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to request and be granted, renewal or extension of, and rights to claim priority, all rights and all similar or equivalent rights or forms of protection exist or will exist now or in the future anywhere in the world.
- Confidential Information – means all information related to business information from Jurnal (or its affiliates) (including, but not limited to, product design, product planning, data, software and technology, financial information, marketing plans, cost information, vendor or customer data and any other information that is confidential, non-public information, and proprietary rights relating to the business, operations, and assets belong to Jurnal) that has been or will be provided to You or any of Your representatives by or on behalf of Jurnal, together with all analysis , compilations, estimates, studies or other documents prepared by You or Your representatives containing any such information.
- We, Us, or Jurnal – means PT Jurnal Consulting Indonesia.
- Service – means the service of providing software as a service for accounting, financial and operational management provided by Jurnal through the Website, mobile applications, and/or other platforms.
- Active Period – means the duration of the active period of Your Jurnal subscription Account that You have chosen and paid for.
- Package – means every unit of modules and features in the Service that can be selected according to Your needs.
- Customer – means any person, organization and/or other entity, who registers to use the Service.
- Invited User – means other people, organizations and/or entities, other than Customer, who use the Service from time to time with permission and invitation from Customer.
- Website – means the internet site in the domain www.jurnal.id, my.jurnal.id or other internet sites managed by Jurnal and may be changed from time to time.
B. TERMS OF SERVICE
- By agreeing to these Terms and Conditions and activating the Account according to the procedure set by Us, You can take advantage of the Service according to the selected package.
- Use of the Service is non-exclusive, non-sublicensable, non-transferable, and limited by and subject to the provisions of these Terms and Conditions.
- Customer hereby represents and warrants that:
- The use of the Service by You may be subject to Jurnal Fair Usage, including the number of Customers, Invited Users, number of invoices and invoices issued, monthly transaction volume, number of SKUs, number of warehouses, and number of calls You are permitted to make to Jurnal’s application programming interface. Jurnal Fair Usage will remain in effect during the initial period of Your Active Period or the relevant renewal period (as applicable). Jurnal has the right to change the limits on the Jurnal Fair Usage with written notification to You.
- You may not use or access the Service in a way that exceeds the Jurnal Fair Usage. If You exceed Your Jurnal Fair Usage, We may limit Your access rights to the Service. You can disable or fix such Jurnal Fair Usage, or Your Service will be upgraded to a service level appropriate to Your suitable usage.
- You can add or increase Your subscription package and Jurnal Fair Usage by contacting Jurnal’s team first. In this case, Jurnal will charge You for Subscription Fees in accordance with Your upgraded Service (“New Subscription Fees”) and You agree that the Package, Jurnal Fair Usage and New Subscription Fees will apply to You forward.
- All payments that You have made to Jurnal cannot be returned for any kind of reason.
C. OPERATIONAL HOUR FOR CUSTOMER’S ASSISTANCE
- Live Chat
Available from 08.00 – 18.00 WIB, every Monday to Saturday. In the event that Live Chat is received outside the time specified above and/or the relevant day is a national holiday, Jurnal’s team will provide a response on the next business day and hour.
Available from 08.00 – 18.00 WIB, every Monday to Saturday. In the event that an email is received outside the time specified above and/or the day concerned is a national holiday, Jurnal’s team will provide a response on working days and hours and will reply on the following working day and hours.
D. CUSTOMER’S OBLIGATIONS
- PAYMENT OBLIGATION
- The invoice is the total nominal value of Your Account Subscription Fee according to the selected Service package and the duration of the Active Period for using the Service. Additional Subscription Fees may be billed to You if You use additional services beyond the features in the Package provided by Jurnal or activate the Add-Ons service in Jurnal App-Store.
- Jurnal will invoice Your Account’s Subscription Fee before the Active Period begins (including the extension of the Active Period) until You end the Service in accordance with the provisions in the “Service Termination” section.
- All invoices from Jurnal will be sent to You via the billing contact that You have provided via email registered on the Service.
- You must make a payment in accordance with the total nominal of Your Account’s Subscription Fee as stated on Your invoice before the due date for the invoice is passed.
- You are responsible for payment of all taxes and duties added to the Subscription Fee invoice.
- Jurnal has the right to suspend or freeze Your access to the Account if You have not made a complete and correct payment of the invoice in accordance with the terms set out in the invoice.
- We will re-activate Your access to the Service after You have paid the Subscription Fee subject to the conditions set by Jurnal.
- GENERAL OBLIGATIONS
You must ensure that You only use the Service and the Website for Your internal business needs that are correct and lawful, and in any case have obtained all the necessary approvals and permits to run your business and in using the Service and Jurnal’s Website.
- ACCESS TERMS
You must ensure that all usernames and passwords required to access the Service are stored securely and confidentially. You must immediately notify Jurnal about the use of Your password from unauthorized parties, or other security breaches, and Jurnal will reset Your password, and You must take all other actions deemed necessary by Jurnal to maintain or enhance the security of the Jurnal’s computer system and network and Your access to the Service.
- Not trying to weaken the security or integrity of Jurnal’s computer system or network, and/or third party computer systems or networks, if a third party hosts the Service;
- Not use or abuse the Service in any way that may interfere with the ability of other users to use the Service or the Website;
- Not try to gain unauthorized access to any material other than what has been clearly stated that You have obtained permission to access it, or to access our computer system where the service is hosted;
- Not sending, or entering into the Website, any files that can damage other people’s computer equipment or software, offensive materials, or material or Data (as defined below) that violates any law (including data or other material that is protected by copyright or trade secret which You do not have the right to use);
- Do not try to modify, copy, imitate, disassemble, or reverse engineer any computer program used to provide the Service, or to use the Website other than what is required and intended.
- USE LIMITATIONS
The use of the Service may be limited, including but not limited to the monthly transaction volume and the number of calls allowed for You to use, by calling Jurnal’s application programming interface.
- COMMUNICATION TERMS
As a condition of these Terms and Conditions, if You use any means of communication available through the Website (such as any forum or chat room), You agree to use these means of communication only for lawful purposes. You may not use these communication tools to post or distribute any material that is not related to the use of the Service, including but not limited to, offering goods and services for sale, unsolicited or unwanted commercial e-mail, files that can damage the device or other people’s computers or software, materials that may insult other Service Customers or Websites, or material that violates any law (including material that is protected by copyright or trade secrets where You do not have the right to use it). When You make communications of any kind on the Website, You warrant that You are permitted to make such communications. Jurnal is under no obligation to ensure that communications on the Website are legitimate and correct, or that they are related only to the use of the Service. Jurnal has the right to delete any communication at any time at Jurnal’s discretion.
E. TERMS OF ACCOUNT ACTIVATION, IMPLEMENTATION AND TRAINING FOR THE USE OF JURNAL
- Your subscription Active Period is (i) 30 (thirty) calendar days from the date payment is received by Jurnal or (ii) another date if previously agreed between You and Jurnal.
- In the event that You agree with Us a certain date for Your Active Period as referred to in paragraph 1 above and You carry out the Implementation process (as defined below), then the starting date of Your Active Period is calculated from the date the Implementation process is held.
- We will provide You with implementation services in the form of the process of preparing data, setting up and entering Your data into Jurnal’s Service system (“Implementation”) and training on using the Service free of charge as part of purchasing Jurnal’s Service that You make for the first time.
- Implementation and training on the use of the Services mentioned in paragraph 2 above can be carried out no later than 3 (three) months from the date of the first payment made by the Customer. If after the 3 (three) month period You have not carried out the free implementation and training, then You can carry out training and implementation with Us at an additional cost.
- These Terms and Conditions will re-apply automatically for the renewal period for a period as determined later, as long as You continue to pay the Subscription Fee that has been determined when it is due.
F. USE OF THIRD PARTY SERVICES
- Jurnal only facilitates the provision of Third Party services provided by these Third Parties, which services are not owned by or under Jurnal’s control, so We are not responsible for these Third Party services, do not guarantee the correctness of these Third Party services, as well as the implementation of goods offerings and/or services by the Third Party.
- You agree to release Jurnal from any claims filed and losses incurred in any form, whether directly or indirectly, related to or in connection with Third Party services, violation of representations, warranties or provisions in the terms and conditions of use of Third Party’s services or non-implementation of a obligations in the terms and conditions of Your use of Third Party services.
G. CUSTOMER REPRESENTATIONS, WARRANTIES, AND ACKNOWLEDGMENTS
- You warrant that, if You register to use the Service on behalf of another person, You have the authority to agree to these Terms and Conditions on behalf of that person, and agree that by registering to use the Service, You are binding on the person You represent to, or with the intention of to, act on their behalf for any of the obligations You have agreed to in these Terms and Conditions, without limiting Your own liability to those terms.
- You acknowledge that:
- You have the authority to use the Services and the Website, and to access information and data that You enter into the Website, including any information or data entered into the Website by anyone You have authorized to use the Services. You are also authorized to access information and data that has been processed, which is provided to You through Your use of the Website and Our services (whether You own the information and data or belong to someone else).
- Jurnal is not responsible to anyone other than You, and there is no intention whatsoever in these Terms and Conditions to benefit anyone other than You. If You use the Service or access the Website on behalf of or for the benefit of someone other than You (whether a legal entity or not, or otherwise), You agree that:
- You are responsible for ensuring that You have the right to do so;
- You are responsible for granting authority to anyone You give access to information or data, and You agree that Jurnal has no responsibility to provide anyone access to that information or data without Your authorization;
- You release Jurnal from any claim or loss related to Jrnal’s refusal to provide access to anyone to Your information or data in accordance with these Terms and Conditions, the provision of information or data by Jurnal to anyone based on Your authorization.
- Provision, access to, and use of the Service is provided as is and at Your own risk.
- Jurnal does not guarantee that the use of the Service will never be interrupted or error free. Among other things, the operation and availability of systems used to access the Service, including public telephone services, computer networks, and the internet, can be difficult to predict and may from time to time interfere with or prevent access to the Service. Jurnal however is not responsible for the interruption, or preventing access to the use of the Service.
- Jurnal is not Your accountant, and use of the Service does not constitute acceptance of accounting advice. If You have accounting questions, please contact an accountant.
- It is Your sole responsibility to determine that our Services meet Your business needs and can be used for their intended purpose.
- You remain responsible for complying with all applicable accounting, tax and other laws. It is Your responsibility to check that the storage and access to Your data through the Services and the Website complies with the laws that apply to You (including any laws that require You to keep records).
H. CONFIDENTIALITY AND PRIVACY
You undertake to maintain the confidentiality of all Confidential Information in connection with the use of the Service. You will not, without written approval from Jurnal, disclose or provide Confidential Information to anyone, or use it for Your own interests, other than as intended by these Terms and Conditions. Your obligations regarding these terms will survive the termination of these Terms and Conditions.
The provisions of this article do not apply to information that:
- Has become public knowledge apart from violation of this provision;
- Received from a third party who legally obtained it, and has no obligation to limit its disclosure; and/or
- Self-developed without access to Confidential Information.
I. INTELLECTUAL PROPERTY RIGHTS AND DATA PRIVACY
- Ownership and all Intellectual Property Rights obtained on the Service, Website, and any documentation related to the Service remain the property of Jurnal.
- For all information and data obtained by Jurnal from You in accessing and using the Service (hereinafter referred to as “Data”), You give valid approval to Jurnal to:
- obtain, access, and store Data entered by the Customer into the Website in order to access and use the Service optimally;
- use data that is not identified as personal data based on applicable laws and regulations, to optimize services, help Jurnal to find out how Customers use the Services, view and assess Service effectiveness, find and resolve problems found in Services, and develop Services for the benefit of Customers;
- delete all Data uploaded by Customers that are contrary to these Terms and Conditions and applicable law;send service announcements, administrative messages, and other information to Customers related to the use of the Service
- You are strongly advised to keep copies of all Data that You entered into the Service. Jurnal complies with the policies and follows the best procedures to prevent data loss, including daily system routines for backing up data, but does not make any guarantees that data loss will never occur. Jurnal clearly waives responsibility for any data loss for any reason.
J. LIMITATION OF LIABILITY AND INDEMNIFICATION
- Jurnal will not be responsible for any losses, claims, expenses, damages, liabilities or costs arising from:
- Violation of these Terms and Conditions by You;
- Your use of the Service that is not in accordance with these Terms and Conditions, is not in accordance with the provisions of the laws and regulations or other provisions that We stipulate;
- If there are defects or damage that You cause due to modifications or add-ons to the product that are made without the approval of Jurnal; and/or
- You integrate the Service with other software, causing the Service to experience interruption.
- If the Customer (and/or its affiliated company that uses the Service (as relevant)) suffers a real loss when using the Service during the Active Period which has been proven to be caused by direct error or negligence by Jurnal, then the Customer can submit a request for compensation to Jurnal.
- Under any circumstances, the limit for compensation that can be given by Jurnal in relation to losses suffered by the User as referred to in paragraph 2 above is the maximum of the Subscription Fee that has been paid by the Customer to Jurnal (excluding applicable taxes) subject to the requirements as follows:
- The Customer is required to submit a request for compensation to Jurnal no later than 30 (thirty) calendar days since the loss occurs or since the Customer becomes aware of a loss that Customer has experienced, whichever occurs first;
- if the Customer uses the Service together with other Customer’s affiliates and the real losses are only experienced by certain Customer affiliates, Jurnal will only compensate the Customer for a maximum of Jurnal Subscription Fees that have been paid as relevant for the affiliate concerned; and
- Compensation paid by Jurnal is limited to the occuring Jurnal Subscription Fee paid for the Active Period of the User (and/or its related affiliate). However, if the Customer’s current Active Period is more than 12 (twelve) months, the calculation of compensation will be limited to a maximum of 12 (twelve) months.
- Jurnal has sole discretion in determining the amount of compensation to be paid to the Customer based on internal checking carried out through the Jurnal system. The compensation provided by Jurnal is final and binding, so that by receiving compensation from the Jurnal, the Customer guarantees that there are no bills, costs, claims, demands or other obligations that arise or may arise, which can be invoiced by the Customer to Jurnal in connection with matters regulated in this article.
- To the extent permitted by the applicable laws, there is no responsibility from Jurnal to Customers (or people who claim rights derived from the rights of other parties) for any actual or anticipated loss of revenue, profit, contract or business (whether directly or indirectly, loss of data, and/or any incidental, indirect or consequential loss or loss, in any case arising under or in connection with this Agreement, unlawful acts (including negligence), violation of statutory duties or others.
K. TERMINATION OF THE SERVICE AND TERMINATION
- Trial Policy
When You first register to access the Service, You can evaluate the Service under the conditions for a predetermined trial period, with no obligation to continue using the Service. If You choose to continue using the Service after the trial period is over, You will begin to be billed from the same day You provide your billing information. You can delete Your trial account.
- In the event that You end Your use of the Service before the end of the Active Period for any reason, all Subscription Fees that You have paid to Jurnal are non-refundable.
- These Terms and Conditions can be terminated by each party with notification to the other party at least 30 (thirty) calendar days prior to the end of the payment period concerned.
- If You violate any of these Terms and Conditions (including, but not limited to, not paying any Subscription Fees) and do not resolve the violation problem within 14 (fourteen) calendar days after receiving the notification of violation if the violation problem can be resolved, then Jurnal can terminate access to the Services that You and/or Invited Users use.
- Termination of these Terms and Conditions does not reduce the rights and obligations of the parties that must be paid up to the date of termination. At the termination of these Terms and Conditions, You will continue to bear accrued fees and amounts due for payment before or after termination, and immediately stop using our Services and Website.
L. UPDATES AND AMENDMENTS TO THE SERVICE OR THESE TERMS AND CONDITIONS
Jurnal services may change from time to time based on Jurnal policies, government decisions, technical changes to the system, and/or due to other reasons. Jurnal has the right to change these Terms and Conditions at any time, and takes effect when the new or revised Terms and Conditions are attached to the Jurnal Website. You are obliged to ensure that You have read, understood and agreed to the latest Terms and Conditions available on Jurnal’s Website. By registering to use Jurnal’s Service, You declare that You have read, understood and agreed to these Terms and Conditions, and are deemed to have the authority to act on behalf of anyone who is registered to use Jurnal’s Services.
- If either party waives any breach of these Terms and Conditions, this will not release them from other infringement claims. A waiver is not effective unless made in writing.
- You cannot assign or transfer Your rights and obligations arising from these Terms and Conditions to another third party without written approval from Jurnal.
- These Terms and Conditions comply with the legal provisions in force in the territory of the Republic of Indonesia.
- If there is a dispute between You and Jurnal, it will be resolved first by deliberation to reach a consensus. If an agreement is not reached in this way, then both parties agree to resolve the issue through legal procedures by choosing the legal position of the Republic of Indonesia at the Central Jakarta District Court.
- Any notice given under these terms by one party to the other must be in writing via email and will be deemed given at the time of transmission. Notifications to Jurnal must be sent to email@example.com or to another email address notified to You by Jurnal. Notifications to You will be sent to the email address that You provide when creating Your access to Jurnal’s services.
- Jurnal Services may be interrupted by events beyond our authority, beyond our power or control, including but not limited to natural disasters, internet connection disruptions, power outages, telecommunications disruptions, government policies, and others (“Force Majeure”). You agree to release Jurnal from any claims and responsibilities, if Jurnal is unable to facilitate the service, including fulfilling the instructions You give through Jurnal’s application, website, and/or Account, either in part or in whole, for any reason due to Force Majeure.
- The Customer understands and agrees that based on the sole discretion of Jurnal, Jurnal has the right to stop, revoke and/or refuse Customer’s or Invited User’s access to the Service, partially or completely and either temporarily or permanently, with/without prior notification, if it is suspected that following events has happened (i) the Customer does not fulfill the payment conditions as stipulated in these Terms and Conditions, (ii) there are indications of fraud, data theft, fraud, does not fulfill one or all of these Terms and Conditions, there is a violation of the applicable laws and regulations or other causes, so that therefore any losses arising from these actions are not the responsibility of Jurnal and Jurnal, in any case, is not obligated to provide any compensation to Customers or Invited Users for this matter.