Contents

  1. Definitions
  2. Acceptance of Terms
  3. Our Services
  4. Client Obligations
  5. Fees & Payment
  6. Intellectual Property
  7. Confidentiality
  8. Data Protection
  9. Representations & Warranties
  10. Limitation of Liability
  11. Indemnification
  12. Term & Termination
  13. Governing Law & Disputes
  14. General Provisions
  15. Contact

Please read these Terms carefully. By engaging PT. Erik Prima Sejati's services or using this website, you agree to be bound by these Terms of Service. If you are accepting on behalf of an organisation, you represent that you have authority to bind that organisation.

01 Definitions

In these Terms of Service, the following definitions apply:

02 Acceptance of Terms

By accessing our Website or engaging our Services, you confirm that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. These Terms constitute a legally binding agreement under the laws of the Republic of Indonesia.

If you do not agree to any part of these Terms, you must not use our Website or engage our Services. We reserve the right to update or modify these Terms at any time. Material changes will be communicated as described in these Terms.

These Terms apply in addition to, and do not override, any specific terms set out in a signed Service Agreement between the Company and a Client. In the event of a conflict, the Service Agreement takes precedence.

03 Our Services

Scope of services

We provide B2B marketing and telephone lead qualification services to local and international companies. Our core services include:

Service delivery

Specific deliverables, timelines, volumes, and performance indicators are agreed upon in a Service Agreement prior to campaign commencement. We will make reasonable commercial efforts to meet agreed targets; however, lead quality and volume outcomes depend on market conditions, prospect data quality, and other factors outside our direct control.

Subcontracting

We may use trusted subcontractors or technology partners to assist in delivering services. We remain responsible for the performance of any subcontractors engaged on your behalf and will ensure they are bound by appropriate confidentiality and data protection obligations.

04 Client Obligations

In order for us to deliver services effectively, Clients agree to:

Clients bear sole responsibility for the lawfulness of the Prospect Data they provide and for ensuring their marketing activities comply with the laws of their own jurisdiction, including regulations applicable to unsolicited commercial communications.

05 Fees & Payment

Pricing

Service fees are set out in the Service Agreement or formal proposal accepted by the Client. Fees may be structured as a fixed project fee, a monthly retainer, a per-lead fee, or a combination thereof, as agreed in writing.

Invoicing

Unless otherwise agreed in writing, invoices are issued in accordance with the payment schedule in the Service Agreement. Standard payment terms are 14 days from invoice date.

Late payment

Overdue invoices may attract interest at a rate of 2% per month on the outstanding balance. We reserve the right to suspend campaign activities if payment is overdue by more than 21 days following written notice.

Taxes

All fees are exclusive of Indonesian Value Added Tax (PPN) and any other applicable taxes, which will be added to invoices where required by law. International clients are responsible for any taxes applicable in their jurisdiction.

Disputes

Any invoice disputes must be raised in writing within 10 business days of the invoice date. Undisputed portions of an invoice remain payable on the original due date.

06 Intellectual Property

Client materials

All materials, brand assets, product information, and data provided by the Client remain the intellectual property of the Client. The Client grants us a limited licence to use such materials solely for the purpose of delivering the agreed Services.

Our materials

All calling scripts, methodologies, processes, software, templates, and internal tools developed by PT. Erik Prima Sejati remain our exclusive intellectual property. Delivery of Deliverables to a Client does not transfer ownership of our underlying systems or methodologies.

Deliverables

Upon full payment of all fees, we assign to the Client ownership of the specific Deliverables produced for that Client (such as qualified lead data, call recordings, and campaign reports). General tools, frameworks, and templates used to produce Deliverables remain our property.

Website content

All content on the PT. Erik Prima Sejati website, including text, graphics, and design, is protected by copyright. You may not reproduce, distribute, or use any website content without our prior written consent.

07 Confidentiality

Both parties agree to keep confidential all information disclosed during the course of the engagement that is identified as confidential or that would reasonably be considered confidential in nature, including:

Confidentiality obligations survive termination of the engagement for a period of 3 years. Confidential information may be disclosed only to employees or contractors who need it to deliver the Services, and only under binding confidentiality obligations.

Confidentiality obligations do not apply to information that is or becomes publicly available through no fault of either party, or that must be disclosed by law or regulatory order.

08 Data Protection

Both parties agree to comply with Indonesia's Personal Data Protection Law (UU PDP No. 27/2022) and, where applicable, the data protection laws of the Client's jurisdiction.

Data processing roles

For data relating to the Client's prospects and customers, the Client acts as the Data Controller and PT. Erik Prima Sejati acts as the Data Processor, processing data only as instructed in the Service Agreement.

Client warranty

The Client warrants that all Prospect Data provided to us for campaign purposes has been lawfully collected, that appropriate consent or legal basis exists for outbound marketing contact, and that providing such data to us does not breach any applicable law or third-party obligation.

Data handling

We will process Prospect Data only for the purposes set out in the Service Agreement, implement appropriate security measures, and not transfer or use such data for any other purpose. Our full data handling practices are described in our Privacy Policy.

09 Representations & Warranties

Our representations

We represent and warrant that:

Client representations

The Client represents and warrants that:

Disclaimer

Except as expressly stated, our Services are provided on an "as is" basis. We make no guarantee as to specific lead volumes, conversion rates, or revenue outcomes, as these depend on factors beyond our control including market conditions, prospect quality, and the Client's own sales process.

10 Limitation of Liability

To the fullest extent permitted by Indonesian law:

Nothing in these Terms limits our liability for fraud, gross negligence, wilful misconduct, or any liability that cannot be excluded or limited by law.

11 Indemnification

The Client agrees to indemnify, defend, and hold harmless PT. Erik Prima Sejati, its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:

12 Term & Termination

Duration

These Terms remain in effect for as long as you use our Website or engage our Services. Individual Service Agreements may specify their own term and renewal provisions.

Termination by the Client

Clients may terminate a Service Agreement in accordance with the notice provisions in that agreement. Unless otherwise specified, a minimum of 30 days' written notice is required to terminate a campaign or retainer engagement.

Termination by us

We may suspend or terminate Services immediately upon written notice if:

Effect of termination

Upon termination, all outstanding fees become immediately payable. We will return or securely delete Client data in accordance with our data retention obligations. Provisions relating to confidentiality, intellectual property, indemnification, and governing law survive termination.

13 Governing Law & Disputes

These Terms of Service and any disputes arising from them are governed by and construed in accordance with the laws of the Republic of Indonesia.

Dispute resolution

In the event of any dispute or claim arising from these Terms or our Services, the parties agree to first attempt to resolve the matter through good-faith negotiation within 30 days of written notice of the dispute.

If the dispute cannot be resolved through negotiation, the parties agree to submit to the exclusive jurisdiction of the courts of Jakarta Pusat, Indonesia. For international clients who prefer arbitration, disputes may be referred to binding arbitration under the rules of the Indonesian National Arbitration Board (BANI), with proceedings conducted in Jakarta in the Indonesian language, unless both parties agree otherwise in writing.

14 General Provisions

15 Contact

For questions about these Terms of Service, service enquiries, or legal notices, please contact us at:

PT. Erik Prima Sejati

Email: legal@PTErikPrimaSejati.com
General: hello@PTErikPrimaSejati.com
Phone: +62 21 5000 1234
Address: Sudirman Central Business District, Jakarta Pusat 12190, Indonesia

Website: www.PTErikPrimaSejati.com