Account
the primary means for accessing and using the EM-HR Services, subject to payment of a Fee designated in the selected Plan;

Authorization
the set of rights and privileges on the Web Site assigned to a User by a Client;

Client
a natural or legal person who has accepted these Terms with the Supplier;

Client Data
Files and any other digital data and information, which is subjected to the EM-HR Services or otherwise inserted to the System by the Client (including the specific Users, Products, persons, Organizations, Activities, Pipelines, Stages and Deals associated with the Client);

Content
any data and information available through EM-HR Services or contained within the structure of the System, articles, documents, brochures, presentations, pictures, images, audiovisual works, other informational materials and any comments;

Fee
regular payment for using the activated Account;

Files
documents of any kind (images, spreadsheets, text files, etc.) that are inserted to the System by the Client, and usually associated with a particular Deal, Person or Organization;

Free Trial
temporary access for the purposes of trying out the Web Site and EM-HR Services in accordance with any selected Plan without paying a Fee;

Guidelines
additional guidelines or rules applicable to specific features, applications, products, or services which may be posted from time to time on the Platform or otherwise made available on or through the EM-HR Services;

Organization
legal persons (such as companies) and other entities with which that Client is making Deals;

EM-HR Materials
the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the EM-HR Services;

EM-HR Services
the Web Site, Mobile App, System, Content, Platform and all content, services and/or products available on or through the Platform;

Plan
various criteria related to the use and functionality of the EM-HR Services and on which the Fee is based;

Platform
the EM-HR Human Resource Informatation System (HRIS) application;

Products
the goods or services that a Client is offering to persons and Organizations;

Special Terms
any particulars, specifications and conditions by which the parties have agreed to deviate from these Terms;

Supplier
System the integrated cloud computing solution for providing the Em-HR Services, including applications, software, hardware, data bases, interfaces, associated media, documentation, updates, new releases and other components or materials provided therewith;

User
a natural person granted with the Authorization to use the Account on behalf of a Client;

Web Site
the compilation of all web documents (including images, php and html files) made available via https://em-hr.co.id/ or its sub domains or domains with identical names under other top domains and owned by Supplier.

The use of the EM-HR Services is subject to acceptance of these Terms. To accept these Terms for itself or on behalf of a Client, a person must have the legal capacity to do so.

The Terms are accepted as soon as one of the following occurs first:

• the person has received the confirmation of the creation of the Account and necessary credentials from Supplier in order to log in to his/her/its Account;
• You may not, without Supplier’s prior written consent, access the EM-HR Services (ii) if you are a competitor of EM-HR, (iii) to monitor the availability, performance or functionality of the EM-HR Services or (iv) for other benchmarking or competitive purposes.

Once accepted, these Terms remain effective until terminated as provided for herein.

Supplier reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms at any time by posting such changes on or through the Platform or the EM-HR Services. Please check these Terms periodically for changes. Your continued use of the EM-HR Services after such changes have been posted as provided above constitutes your binding acceptance of such changes. Such amended Terms will automatically be effective upon the earlier of your continued use of the EM-HR Services. Notwithstanding the foregoing, the resolution of any dispute that arises between you and Supplier will be governed by the Terms in effect at the time such dispute arose.

4.1. Provision of EM-HR Services

Supplier will (a) make the EM-HR Services, Content and Client Data available to a Client pursuant to these Terms, (b) provide applicable standard support for the EM-HR Services to Client at no additional charge, and/or upgraded support (for an additional charge, if applicable), (c) use commercially reasonable efforts to make the EM-HR Services available 24 hours a day, 7 days a week, except for:

(i) planned downtime (of which Supplier shall give advance electronic notice as provided in the Guidelines), and (ii) any unavailability caused by circumstances beyond Supplier’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem, Internet service provider failure or delay, or denial of service attack.

4.2. Protection of Client Data

Supplier will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Client Data. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of Client Data by Supplier personnel except (a) to provide the EM-HR Services and prevent or address service or technical problems, (b) as compelled by law in accordance with Section 7.4 (Compelled Disclosure) below, or (c) as a Client or User expressly permit in writing.

5.1 Establishing an Account

Certain features, functions, parts or elements of the EM-HR Services can be used or accessed only by holders of an Account. The person who wishes to create an Account must: complete the sign-up form on the Web Site or alternative process provided by supplier. After the Client performs the registration and payment process, the supplier will then create a company code and a superadmin who will later manage other users in the Em-HR system in accordance with the client's company code.

If Client has designated Users and granted them Authorization, such Users will be deemed to be authorized to act on behalf of Client when using the Account. Supplier is not responsible for and shall have no liability for verifying the validity of Authorization of any User.

The Client must provide Supplier with true, accurate, current, and complete information about the Client, Users or Account and keep it up to date.

5.2 Logging Into an Account

Supplier shall provide Client with a username and password (“Login Credentials”) of superadmin to be used to log in to its Account and then the client independently create login credential of user admin and other users.

5.3 Termination of Account

Client account automatically disable/inactive after subscription license term end unless client renew or extend the subscription. Supplier shall permanently delete the Account within one month of the effective date of the end of subscription date.

5.4 Fees

The use of an Account is subject to a Fee. Upon sign-up for an Account, the Client must select a Plan. Different rates apply to different Plans. The applicable Fee is charged in advance on monthly or annual payment intervals, unless agreed otherwise between parties. All Fees are non-refundable, i.e. there are no refunds for periods where the Client did not use an activated Account, used it only partially, or deactivated the Account or terminated these Terms during an ongoing payment interval. If, after signing up, Client elects to upgrade to a more expensive Plan, the unused portion of any prepaid Fees shall be applied to the Fee of the more expensive Plan.

5.5 Free Trial

A new Client may be entitled to a Free Trial, unless the Client has applied for the Account as a result of an ongoing marketing campaign organized by the Supplier. If the period of Free Trial has expired, the Account will be automatically deactivated. In order to prevent deactivation or to reactivate the Account, the Client is required to select a suitable pricing plan and pay the first Fee. If the Client does not pay the first Fee within 10 days as of the expiry of the Free Trial, Supplier has the right to permanently delete the Account, including all Client Data therein.

In addition to the current collection of Plans, Supplier may offer special discounts

The following provisions are applicable only if you purchase access to the EM-HR Services directly from Supplier. If you purchase access to the EM-HR Services through a Reseller, the payment terms are set forth in the agreement with your Reseller.

Client can make payments by bank transfer to the account number we provide on the billing statement. Our client ask to be able to send proof of transfer through the client area/crm portal. Activation for new services or service extensions will be made after we confirm the payment.

7.1 Uploading Client Data to Platform

If the Client uploads Client Data to the Platform, such Client Data and any processing of such Client Data must be in compliance with these Terms and applicable law. All rights, title and interest in and to the Client Data belong to the Client or third persons (including Users, persons and Organizations) whether posted and/or uploaded by you or made available on or through the EM-HR Services by Supplier. By uploading Client Data to the Platform, Client authorizes Supplier to process the Client Data. The Client is responsible for ensuring that:

7.2 No Guarantee of Accuracy

Supplier does not guarantee any accuracy with respect to any information contained in any Client Data, and strongly recommends that you think carefully about what you transmit, submit or post to or through the EM-HR Services. You understand that all information contained in Client Data is the sole responsibility of the person from whom such Client Data originated. This means that Client, and not Supplier, is entirely responsible for all Client Data that is uploaded, posted, transmitted, or otherwise made available through the EM-HR Services, as well as for any actions taken by the Suppliers or other Clients or Users as a result of such Client Data.

7.3 Unlawful Client Data

Supplier is not obliged to pre-screen, monitor or filter any Client Data or acts of its processing by the Client in order to discover any unlawful nature therein. However, if such unlawful Client Data or the action of its unlawful processing is discovered or brought to the attention of Supplier or if there is reason to believe that certain Client Data is unlawful, Supplier has the right to:

In addition, in the event Supplier believes in its sole discretion Client Data violates applicable laws, rules or regulations or these Terms, Supplier may (but has no obligation), to remove such Client Data at any time with or without notice.

7.4 Compelled Disclosure

Supplier may disclose a Client’s confidential information to the extent compelled by law to do so. In such instance, Supplier will use commercially reasonable efforts to provide Client with prior notice of the compelled disclosure (to the extent legally permitted) and Client shall provide reasonable assistance, at its cost, if Client wishes to contest the disclosure. If Supplier is compelled by law to disclose Client’s confidential information as part of a civil proceeding to which Supplier is a party, and Client is not contesting the disclosure, Client will reimburse Supplier for its reasonable cost of compiling and providing secure access to that confidential information.

8.1 Use of the EM-HR Services

Subject to these Terms, and the payment of the applicable service Fee, Supplier grants Client and its authorized users subscription license, non-transferable, non-sub-licensable license to use the EM-HR Services to:

8.2 Technical Support.

Supplier shall provide reasonable technical support to Client and its authorized User at the reasonable request of the Client. Supplier shall respond to enquiries of support from a Client utilizing the contacts set forth below as soon as reasonably possible. Responding to enquiries of Clients and Users who have accepted these Terms but do not have an Account may be less expedient, or may not occur at all.

The contacts for all enquiries of support are:
instant messaging,
built-in notification application on the Web Page, or
e-mail: support@EM-HR.co.id

8.3 Modifications to Service

Supplier reserves the right to modify the EM-HR Services or any part or element thereof from time to time without prior notice, including, without limitation:

As applicable, Client may be notified of such modifications when logging in to the Account. Modifications, including change in applicable rates for the EM-HR Services The Client’s continued use of the EM-HR Services, or any part or element thereof, after the effective date of a modification shall indicate its consent to the modifications. Supplier shall not be liable to the Client or to any third person for any modification, suspension or discontinuance of the EM-HR Services, or any part or element thereof.

9.1 Service Credits

Service credits will be provided as follows:

• If a system error occurs due to an issue with the Em-HR application server during the use of the Em-HR system by the FIRST PARTY, the SECOND PARTY will waive the Em-HR service charges proportionally based on the duration of the system error, with a minimum 1 (one) hour. This will be calculated from the total subscribed hours based on the official notification from the FIRST PARTY regarding the error.
• Example: If the error/downtime lasts for 10 hours and the total subscription period is 6 months (4,380 hours) with a subscription fee of IDR 9,710,280, the compensation amount is 10 (ten) / 4380 (four thousand three hundred and eighty) x IDR 9,710,280 (nine million seven hundred ten thousand two hundred and eighty rupiah) = IDR 22,169 (twenty-two thousand one hundred and sixty-nine rupiah).

9.2 Compensation Claim Process

Compensation claims must be filed in writing within 30 days of the downtime occurring. Compensation will be applied to the next billing period and not a cash refund.

9.3 Downtime Exclusions

• Scheduled maintenance, with prior notice of at least 24 hours.
• User’s internet connection failure or disruptions beyond Our infrastructure.
• Cyberattacks or malware that are unforeseen and beyond control.
• Force majeure events, such as natural disasters, power outages, or third-party disruptions.

The Client hereby instructs the Supplier to process the data as described in these Terms.

10.1 Subject matter and nature of processing

The Supplier provides the Platform where the Client, as the data controller, can collect, store and organize the personal data of data subjects determined by the Client.

The Platform has been designed to work as a sales & customer service CRM tool but, to the extent not regulated by these Terms, the Client decides how they use the Platform.

10.2 Duration

The Supplier will process data on behalf of the Client until the termination of the EM-HR Services in accordance with these Terms. Upon termination, Supplier will store the Client’s data for a period of three months, should the Client wish to reopen the Account to resume the use of the EM-HR Services. After that, the contents of the account may be recoverable from Supplier’s backups for another three months.

10.3 Parties’ rights and obligations

The Client’s rights and obligations regarding Client Data are provided in sections 4 through 11 of these Terms. The Supplier ensures that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

11.1 Prohibited Activities

Client and its authorized Users may use the EM-HR Services and any part or element thereof only in the scope, with the means and for purposes as identified in these Terms and applicable law. By way of example, neither the Client nor any User may:

11.2 Certain Uses Require Supplier Consent

The Client or any User may not, without Supplier’s prior express written consent:

Supplier takes the privacy of its Clients and Users very seriously. Supplier’s Privacy Policy at https://crm.em-hr.co.id/privacy is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully as it governs Supplier’s collection, use, and disclosure of Client’s or User’s personal information.

13.1 EM-HR’s Intellectual Property Rights in the EM-HR Services

The EM-HR Services, EM-HR Materials, EM-HR trade names and trademarks, and any parts or elements thereof are solely and exclusively owned and operated by Supplier and its third party vendors and hosting partners. EM-HR Materials are protected by copyright, trade dress, patent, trade secrets, and trademark laws, international conventions and treaties, and all other relevant intellectual property and proprietary rights laws. Supplier, its affiliates and licensors retains all right, title and interest in such EM-HR Services, EM-HR Materials, EM-HR trade names and trademarks, and any parts or elements. Your use of the EM-HR Services and EM-HR Materials, and any parts or elements does not grant to you any ownership right or intellectual property rights therein. Any commercial or promotional distribution, publishing or exploitation of the EM-HR Materials is strictly prohibited unless you have received the express prior written permission from Supplier or the otherwise applicable rights holder. Supplier reserves all rights to the EM-HR Services, EM-HR Materials and EM-HR trade names and trademarks not expressly granted in the Terms.

13.2 Content Owned by EM-HR

Subject to these Terms and the payment of the applicable service Fee, Supplier grants Client and its authorized users a non-exclusive, non-transferable, non-sub-licensable license to download a single copy of any part of the Content solely for your personal, non-commercial use if you retain all copyright and proprietary notices that are contained in such part of the Content. You expressly acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Platform or the EM-HR Services. You shall not copy, distribute or publish any Content or any information obtained or derived therefrom except as permitted on or through the EM-HR Services or as otherwise permitted by applicable law.

13.3 Client Data

Supplier may use Client Data in an aggregated or anonymized format for research, educational and other similar purposes. Supplier may not otherwise use or display Client Data without Client’s written consent. Supplier respects your right to exclusive ownership of your Client Data. Unless specifically permitted by you, your use of the EM-HR Services does not grant Supplier the license to use, reproduce, adapt, modify, publish or distribute the Client Data created by you or stored in your Account for Supplier’s commercial, marketing or any similar purpose. Client expressly grants Supplier the right to use and analyze aggregate system activity data associated with use of the EM-HR Services by Client and its Users for the purposes of optimizing, improving or enhancing the way the EM-HR Services operate, and to create new features and functionality in connection with the EM-HR Services in the sole discretion of Supplier.

Client is solely responsible for its own Client Data and the consequences of posting or publishing them on or through the EM-HR Service. In connection with Client Data, Client affirms, represents, and warrants that: Client either owns its Client Data or has the necessary licenses, rights, consents, and permissions to use and authorize the Suppliers to display or otherwise use the Client Data under all patent, trademark, copyright, trade secrets, or other proprietary rights in and to your Client Data in a manner consistent with the intended features of the EM-HR Services

13.4 Feedback

If Client or a User provides Suppliers with any comments, bug reports, feedback, or modifications for the EM-HR Services (“Feedback”), Supplier shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the EM-HR Services.

Client or User (as applicable) hereby grants Supplier a perpetual, irrevocable, nonexclusive, royalty free license under all rights necessary to incorporate, publish, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, exploit and use your Feedback for any purpose. Supplier shall have the right to modify or remove any Feedback provided in the public areas of the Web Site if the Supplier deems, at its discretion, harmful, offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, hateful or otherwise unlawful.

UNLESS OTHERWISE EXPRESSLY STATED BY SUPPLIER, THE EM-HR SERVICES, EM-HR MATERIAL, AND ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE EM-HR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SUPPLIER AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, CORRECTNESS, ACCURACY, AND RELIABILITY.

UNLESS OTHERWISE EXPRESSLY STATED BY SUPPLIER, SUPPLIER AND ITS AFFILIATES DO NOT WARRANT THAT THE EM-HR SERVICES AND ANY CONTENT, CLIENT DATA SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE EM-HR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE EM-HR SERVICES AND ANY CONTENT, CLIENT DATA, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE EM-HR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNLESS OTHERWISE EXPRESSLY STATED BY SUPPLIER, SUPPLIER AND ITS AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, THE EM-HR SERVICES, EM-HR MATERIAL OR ANY LINKED SITES, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

THE LAWS OF CERTAIN COUNTRIES AND STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

You agree to defend, indemnify and hold harmless Supplier and its affiliates, and their respective directors, officers, employees and agents, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the EM-HR Services, EM-HR Materials, representations made to the Supplier, its affiliates and/or third parties, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants.

Supplier reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Supplier, and you agree to cooperate with such defense of these claims.

16.1 No Liability

Supplier shall not be liable to the Client or User for any consequences resulting from:

In addition, Supplier and its affiliates shall not be liable to the Client for any claim by any User, person, Organization or third persons against the Client arising out of the Client’s failure to:

• provide Supplier with accurate information about the Client, Users or Account;
• notify Supplier of any reasons due to which a User does not have the right to use the Account on behalf of the Client;
• provide any Products which it has agreed to provide to such a person or Organization (whether such failure arises as a result of Supplier’s negligence, breach of these Terms or otherwise);
• ensure the lawfulness of the Client Data;
• obtain the necessary rights to use the Client Data; or
• abide by any of the restrictions described in these Terms.

16.2 Limitation of Liability

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EM-HR AND ITS AFFILIATES ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY CLIENT HEREUNDER FOR THE EM-HR SERVICES GIVING RISE TO THE LIABILITY IN THE SIX MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE.

THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT CLIENT’S PAYMENT OBLIGATIONS UNDER THE “PAYMENT” SECTION ABOVE.

16.3 Exclusion of Consequential and Related Damages

IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE.

THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

In the event of a dispute, controversy or claim arising out of or in relation to these Terms, including but not limited to the formation, validity, breach or termination thereof, the parties shall attempt to solve the matter amicably in mutual negotiations. In the event a mutually acceptable resolution cannot be reached within a reasonable time, either party will be entitled to seek all available remedies, including legal remedies. Should an amicable settlement between parties not be possible, the dispute shall be finally solved in court as designated herein: south Jakarta distric court, Indonesia.