This Terms and Condition (“TnC”) apply to Biznet Gio (PT Biznet Gio Nusantara) website located at www.biznetgio.com, its subsidiaries and affiliates (collectively “Biznet Gio”). BY USING BIZNET GIO SERVICES, YOU (“CUSTOMER”) AGREE TO THIS TERMS AND CONDITION.
Biznet Gio reserves the right, as its sole discretion, to change, modify, add or remove this TnC, at any time. It is Customer responsibility to check this TnC periodically for changes. Your continued use of Biznet Gio services will mean that Customer accept and agree to the changes.
The services to be provided by Biznet Gio to Customer in relation to this TnC including the following (the “Services”):
Without notice and any liability on the Customer, Biznet Gio may at any time modify the manner in which the Services are carried out.
By default, there are limitations of services e.g. IP public vLAN and other features availability per account in the Public Cloud Service, GIO Public and NEO. For instance, customers can add up to 10 IP addresses quota in their GIO Public and NEO account. By adding more IP(s) beyond the quota limit will require formal request from Customer that clearly state the purpose of the additional IP usage in that particular account. Different charges from the normal price will be applied for each additional IP.
If Biznet Gio reasonably believe any of Customer Content violates the law, infringes or misappropriates the rights of any third party or otherwise violates a material term of the TnC, Biznet Gio will notify Customer of the Prohibited Content and may request that such content be removed from the Services, suspended or disabled the access to the Prohibited Content. Prohibited activities or content include:
Customer agree to pay Biznet Gio for using the Services in the amount and conditions as specified in Terms of Payment (the “Fees”). All Fees are exclusive of any taxes, fees or other amounts, however designated and including without limitation consumption, value added and withholding taxes, which are levied or based upon such charges, or upon this TnC, by any government. Any taxes related to the Services provided will (other than taxes based on the net income of the Biznet Gio) be paid by the Customer. Applicable taxes will be billed as a separate item on the invoice, to the extent possible.
Biznet Gio is committed to providing services to customers in the form of:
The SLA committed are limited to cover infrastructure services layer which excluding elements of scheduled maintenance and other services of implementation, managed support, and managed services. For GIO Private and Baremetal SLA will have different level of SLA based on the custom specifications (regulated in GIO Private and Baremetal SLA document, and provided to customer upon request base on the contract commitment).
Scheduled maintenance will be notified within 1 x 24 Hours prior to the maintenance period. In the circumstances requiring emergency maintenance and action, Biznet Gio reserves the right to inform it less than 1 x 24 hours. Customer agrees to comply and follow the provided instructions on the maintenance information.
The downtime referred to in this service commitment does not apply to:
In the case of Biznet Gio was failing to fulfill the SLA commitment, customer has the right to get a restitution or credit balance refund for maximum 30% (thirty percent) of the Customer's monthly usage fee. Restitution could be given if Customer propose not later than 3 (three) months after hindrance, in case restitution proposed beyond 3 (three) months period after hindrance, the restitution could not be given. The restitution will be calculated using the following formula:
(X * Y) / (Z * 99.9 %)
X = monthly fee before VAT;
Y = monthly cumulative downtime (hours);
Z = respective month total hours;
99,9% = Biznet Gio Service Level
Restitution amount can be made or applied to deduct the upcoming invoice or onto the customer's credit balance. This action does not apply to:
Biznet Gio provides NEO Web Hosting (NWH) services and promotions to the customer with the following terms and conditions:
Customers can claim the free domain by following the terms of specific hosting packages with the following conditions:
If Customer already had a previous hosting service, the migration will proceed with the following terms and conditions:
To provide the user experience and service performance to all NWH/SWH subscribers, Biznet Gio imposes a limitation on the number of emails to send per hour for preventing the overly blast email action that could affect the hosting performance of other NWH users. The limitations are as follows:
FTP access feature is available for all NEO Web Hosting packages, provided that the number of users is limited to each package-category to ensure secure access to and from Customer hosting service. Limitation details are as follows:
Biznet Gio may suspend performance of the Services and/or terminate the Service, if Customer:
In the termination of this TnC, Customer agrees to waive the provisions of Articles 1266 of the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata Indonesia). Upon the expiration or termination of this TnC for any reason, the Customer’s right to use the Services, and any other rights granted to the Customer hereunder, immediately terminate and all fees for the Services provided to the Customer will be due and payable upon receipt of a final invoice.
Customer acknowledges and agrees that Biznet Gio permits other customers (or customer’s appointed vendor) to install their software and other equipment in the public server. For the non-shared resource usage customer may refer to dedicated services available on Baremetal and GIO Private. Biznet Gio will have no liability for any damages, costs, or losses incurred by the customer (or its customers) caused by such activities or any software or other equipment in relation with such activities.
Except where prohibited by law, in no event will Biznet Gio be liable to customer for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Biznet Gio has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these TnC, Biznet Gio is found to be liable for any damage or loss which related to this TnC, whether arising out of breach of this TnC (including negligence), under statute or otherwise, is limited to the amounts that Biznet Gio has received from the customer pursuant to this TnC in the 3 (three) months preceding the date a claim is first asserted.
Biznet Gio at any circumstances does not promise that the services will be uninterrupted, error-free, or completely secure and the implied warranties of merchantability or satisfactory quality, fitness for a particular purpose and non-infringement of any third party’s intellectual property rights.
All services are provided or performed on an “as is”, “as available” basis, and customer’s use of the services is solely at its own risk.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Biznet Gio reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate the access to the services; (2) to interrupt the operation of the services, or any portion of the services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
This TnC shall be governed by and construed with Indonesian law. If a dispute, controversy or claim arising out of or in relation to this Agreement arises out of this Agreement (a Dispute), a Party claiming that a Dispute has arisen must immediately notify the other Party giving details of the Dispute. During the 30 (thirty) day period after such notice is given, each Party must use its best endeavors to resolve the Dispute. If the Parties are not able to resolve the Dispute within the 30-day period, each Party will promptly refer the Dispute to its authorized officer (or their delegate) for resolution. If the authorized officer (or delegates) of both Parties are unable to resolve the Dispute within fourteen days of the date on which the Dispute is referred to them, each Party agrees that the Dispute shall be referred to and finally resolved by Badan Arbitrase Nasional Indonesia (BANI).
Invoice will be generated by every start of the month for the previous month usage and requiring settlement from customer by the latest 20th date on every month.
Hourly or monthly payment scheme are available on demand on the service portal.
Biznet Gio will suspend customer’s service, if the customer failed to settle the payment obligation to Biznet Gio, either caused by:
Service suspension impact:
In the case where Customer failed to complete their payment during the suspension period, their account will be terminated automatically. This means that Customers’ virtual machines and other Cloud resources will be dismantled from the system and their account and data will be deleted permanently. The deleted resources cannot be recovered in any way.
In the case where Customer do not want to continue their service with Biznet Gio, their current services are not refundable.
Cloud Services may be used by our customers (i.e. registered users of Biznet GIO) to develop or host their own services and products for the customer’s end users. Any information collected or handled by Biznet GIO in such circumstances is processed on behalf of our customer who controls the collection and use of such information. We do not have a direct relationship with the end users of our customers. Where this is the case, end users should direct all privacy enquiries, such as any requests to access, correct, amend or delete PII, to the Biznet GIO customer providing their services or products. We are not responsible for the privacy or security practices of our customers.
Covers the Second Part of MOCI (Ministry of Communications and Informatics) Regulation (Article 7-11)
If you are (i) an individual or (ii) a representative of a business organization at the time you register to become a user of Biznet GIO and/or purchase Cloud Services, you may be asked to complete registration forms which require you to provide information such as your Name, email address, mobile number, country, contact address, and NPWP (tax ID).
We record details of your activities (including any purchase or use of our product offerings and services) when you use Biznet GIO and/or certain Cloud Services for legal and/or business purposes. If you make purchases or otherwise transact online through the Biznet GIO, we also collect information related to such transactions including, but not limited to, the types and specifications of the Cloud Services, pricing information, and any trade dispute/complaint records.
When you contact our customer support, sales or other departments, we may record the communications for security and customer services purposes and collect additional information to verify your identity.
In addition to any information you convey in emails to us, we may also receive a confirmation when you open an email from us. We collect and use this information to improve our customer service.
Please note that certain categories of data are necessary for us to provide the Cloud Services, such as name, email address and phone number. These categories will be specified at the time of service registration. In the event that you do not provide any or sufficient data marked as mandatory, we may not be able to complete the registration process or provide you with our Cloud Services.
We may automatically receive and record information from your web browser when you interact with the Services, including your IP address. An IP address is a number assigned to you by your Internet service provider so you can access the Internet. We receive IP addresses in the normal course of the operation of our Site. We may automatically collect and record information about your use of features of our Services, about the functionality of our Services, and other information related to your interactions with the Services. We use the information we automatically collect and record to analyze trends, to administer, monitor and improve the Site and Services, to track users’ use of the Site and Services, and to gather broad demographic information for aggregate use. We do not use IP addresses to identify you personally or disclose them to others. This information is used for fighting spam/malware and also to facilitate collection of data concerning your interaction with the Services (e.g., what links you have clicked on).
Generally, the Services may automatically collect usage information, such as the number and frequency of visitors to the Site. We may use this data in aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. This type of aggregate data enables us and third parties authorized by us to figure out how often individuals use parts of the Services so that we can analyze and improve them.
Covers 3rd, 4th, 5th part of MOCI
We collect, retain, use and disclose PII for the following purposes:
Subject to obtaining your specific consent (or where otherwise permitted by applicable law in your jurisdiction), we may use your name, phone number, residential address, email address and fax number (which may incorporate PII) to provide notices, surveys, product alerts, related communications and other marketing and promotional materials to you relating to goods and services offered by us on Biznet GIO Cloud Platform.
Information submitted to us is only available and utilized by our employees and systems responsible for providing services to our customers and to contracted service providers for the purposes of providing Services to our communications with you.
As part of providing, you with the Cloud Services, we may need to transfer your PII from your jurisdiction to an overseas jurisdiction. Recipients of the data in these jurisdictions may be subject to data privacy laws less protective or not equivalent to those in your own jurisdiction. Such overseas transfer or processing of your PII may be necessary to process and administer your customer account and to provide the Cloud Services (including providing customer services to you, contacting you regarding promotions, products and services, performing risk control, fraud prevention and legal compliance procedures, and conducting payment processing services).
We use commercially reasonable endeavors to protect the PII that you provide to us. We also employ several security techniques, including but not limited to the use of industry-standard Secure Socket Layer (SSL) encryption for transmission of PII in registration information and payment information and the adoption of identity, credential and access management measures for transmission of such PII to prevent security breaches and unauthorized access of PII. We limit access to your PII and other data to people who need access to such data for their work.
Nevertheless, no data transmission over the internet or any wireless network can be guaranteed to be perfectly secure. As a result, while we try to protect your PII, we cannot guarantee the security of any PII you transmit to us and you do so at your own risk. We cannot and do not guarantee security in connection with your use of the Biznet GIO and our Cloud Services.
We retain your PII as long as you have an account with us, as needed to provide services or products to you, to resolve disputes, to serve the purpose of research and statistical analysis or as required or permitted by applicable laws, such as tax and accounting laws.
Covers Article 26-28 of MOCI Regulation
You have the right to request access to your PII held by us (or on our behalf) and to request correction or deletion of such PII. Additionally, upon request, we will provide you with information about whether we hold your PII. You may contact us at firstname.lastname@example.org to request access, correction or deletion of your PII. We will respond to your request within a reasonable timeframe. You may also have supplemental rights under applicable law in relation to your PII. For example you have the right to object to or request the restriction of processing of your PII, and to request portability of your data.
In cases where we act as a processor, we have no direct relationship with the individuals whose PII we process. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct their query to their PII controller.
You may receive e-newsletters from us. If you would like to discontinue receiving this information, you may update your email preferences by using the “Unsubscribe” link found in emails we send to you or at your member profile.
We do not knowingly collect PII of minors (persons under the age of 18). If a minor has provided us with PII, the parent or guardian may contact us on the minor’s behalf to request that we cease any further collection, use and/or disclosure of the PII and delete the PII we may hold relating to the relevant minor.
Address: MidPlaza 1, 7th Floor. Jl. Jend. Sudirman 10-11. Jakarta 10220 – Republic of Indonesia. P +62-21-5714567 F +62-21-5700580
Biznet GIO may amend this policy from time to time. If we make any substantial changes in the way we use your personal information, we will notify you by posting an announcement on our website(s). You agree that such posting will constitute sufficiently and adequately to notice to you of the changes. You agree that your continued use of our products and services after such amendment will constitute your acceptance of and agreement to be bound by the modified policy.
This policy subjects to any existing laws of the Republic of Indonesia in relation to the protection of information, and if required, by any lawful authority for any legal purposes such as the enforcement of any laws.
To prevent the breach of any laws, we shall release all such information as is legally required by the requisite and lawful authority in accordance with the directions of the lawful court of the competent jurisdiction.
Please note that we may charge a reasonable fee for processing any data access request.
Customer’s obligations for using the Services, are as follows:
Any illegal activities, including advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography;
Activities that may be harmful to others, our operations or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions, or engaging in other deceptive practices;
Content that infringes or misappropriates the intellectual property or proprietary rights of others.
Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts nonconsensual sex acts;
Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancel bots.
Customer may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:
Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
Monitoring of data or traffic on a System without permission.
Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. This prohibition does not include the use of aliases or anonymous remailers.
Customer may not make network connections to any users, hosts, or networks unless Customer have permission to communicate with them. Prohibited activities include:
Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
Operating network services like open proxies, bypassing network traffic scheme, VPN outside of Biznet Gio’s networks, open mail relays, or open recursive domain name servers.
Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.
Customer will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. Customer will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. Customer will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.
Customer will provide information or other materials related to Customer Content as reasonably requested by Biznet Gio to verify Customer comply with this TnC. Therefore, Biznet Gio may monitor the external interfaces (e.g., ports) of Customer Content. Customer will not block or interfere with our monitoring, but Customer may use encryption technology or firewalls to help keep Customer Content confidential. Customer will reasonably cooperate with Biznet Gio to identify the source of any problem with the Services that Biznet Gio reasonably believe may be attributable to Customer Content or any end user materials that controlled by Customer. We may:
Customer ensure that all information that Customer provided to Biznet Gio is accurate, complete and not misleading.
If Customer become aware of any violation of this Policy, Customer will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of this Policy, please send email to email@example.com.