Dihardja Software Terms & Conditions
Last updated: November 2024
Welcome to Dihardja Software. These Terms and Conditions govern your use of our website and services. By accessing or using our website at dihardjasoftware.com, you agree to be bound by these Terms and Conditions.
1. General
These Terms and Conditions ("Terms") govern your access to and use of the website operated by Dihardja Software ("Company", "we", "us", or "our"). By accessing or using our website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our website.
We reserve the right to modify these Terms at any time. Your continued use of the website following any changes indicates your acceptance of the new Terms.
2. License to Use Website
Unless otherwise stated, Dihardja Software and/or its licensors own the intellectual property rights published on this website and materials used on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.
3. Restrictions
You are specifically restricted from all of the following:
- Publishing any website material in any other media without prior written consent
- Selling, sublicensing, or otherwise commercializing any website material
- Publicly performing and/or showing any website material without attribution
- Using this website in any way that is or may be damaging to this website
- Using this website in any way that impacts user access to this website
- Using this website contrary to applicable laws and regulations, or in any way that may cause harm to the website, or to any person or business entity
- Engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this website
- Using this website to engage in any advertising or marketing without our consent
4. Acceptable Use
You agree to use the website only for lawful purposes. You must not use the website:
- In any way that breaches any applicable local, national, or international law or regulation
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
- To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware
5. Refund and Return Policy
Due to the nature of digital services, all sales are final. We do not offer refunds for services that have already been rendered or are in progress.
For project-based engagements, specific refund and cancellation terms will be outlined in the individual service agreement or statement of work. Please review your service agreement for details on cancellation and refund provisions.
If you believe there has been an error in billing, please contact us within 30 days at hello@dihardjasoftware.com.
6. Use of Cookies
Our website uses cookies to enhance your browsing experience. By using our website, you consent to the use of cookies in accordance with our Privacy Policy.
Cookies are small text files stored on your device when you visit a website. They help us understand how you use our website and improve your experience. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies.
7. Intellectual Property
Other than content you own, which you may have opted to include on this website, under these Terms, Dihardja Software and/or its licensors own all rights to the intellectual property and material contained in this website, and all such rights are reserved.
This includes, but is not limited to, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the compilation of all content on the website.
The Dihardja Software name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Dihardja Software or its affiliates. You must not use such marks without the prior written permission of Dihardja Software.
8. User Content
In these Terms, "User Content" shall mean any audio, video, text, images, or other material you choose to display on this website. By displaying your User Content, you grant Dihardja Software a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media.
Your User Content must be your own and must not be invading any third-party's rights. Dihardja Software reserves the right to remove any of your content from this website at any time without notice.
9. Third-Party Services
Our website may contain links to third-party websites or services that are not owned or controlled by Dihardja Software. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
You acknowledge and agree that Dihardja Software shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
10. Indemnification
You hereby indemnify to the fullest extent Dihardja Software from and against any and all liabilities, costs, demands, causes of action, damages, and expenses (including reasonable attorney's fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
11. Limitation of Liability
In no event shall Dihardja Software, nor any of its officers, directors, and employees, be liable to you for anything arising out of or in any way connected with your use of this website, whether such liability is under contract, tort, or otherwise. Dihardja Software, including its officers, directors, and employees, shall not be liable for any indirect, consequential, or special liability arising out of or in any way related to your use of this website.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
12. Disclaimer
This website is provided "as is," with all faults, and Dihardja Software makes no express or implied representations or warranties of any kind related to this website or the materials contained on this website. Additionally, nothing contained on this website shall be construed as providing consult or advice to you.
We do not warrant that the website will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance related to the website, resulting in interruptions, delays, or errors.
13. Dispute Resolution
Any disputes arising out of or relating to these Terms or the use of our website shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within 30 days, it shall be submitted to mediation.
The mediation shall be conducted in accordance with the rules of the Indonesian National Arbitration Board (BANI) or a mutually agreed-upon mediation service.
14. Arbitration
If mediation is unsuccessful, any disputes shall be finally resolved by binding arbitration. The arbitration shall be conducted by a single arbitrator in accordance with the rules of the Indonesian National Arbitration Board (BANI).
The arbitration shall take place in Tangerang Selatan, Indonesia. The language of arbitration shall be English or Bahasa Indonesia, as mutually agreed upon by the parties. The decision of the arbitrator shall be final and binding on both parties.
15. Class Action Waiver
You agree that any disputes with Dihardja Software will be resolved on an individual basis only. You waive the right to participate in a class action lawsuit, class-wide arbitration, or any other representative action.
16. Force Majeure
Dihardja Software shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond the reasonable control of Dihardja Software, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
17. Assignment
Dihardja Software may assign, transfer, or sub-contract its rights and/or obligations under these Terms without any notification or consent required. You shall not assign, transfer, or sub-contract any of your rights and/or obligations under these Terms without the prior written consent of Dihardja Software.
18. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by us on the website, shall constitute the entire agreement between you and Dihardja Software concerning the use of this website, and supersede all prior agreements and understandings with respect to the same.
19. Amendments
Dihardja Software reserves the right to amend these Terms at any time. Any amendments will be effective immediately upon posting the updated Terms on our website. Your continued use of the website after any amendments constitutes your acceptance of the new Terms.
We recommend that you review these Terms periodically for any changes.
20. Waiver
The failure of Dihardja Software to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Dihardja Software.
21. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.
22. Headings
The headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
23. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of Indonesia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Tangerang Selatan, Indonesia.
24. Privacy Policy
Your use of our website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.
25. Contact Information
If you have any questions about these Terms and Conditions, please contact us at:
Dihardja Software
Ruko Prominence 38G No.37
Alam Sutera, Tangerang Selatan
Indonesia
Email: hello@dihardjasoftware.com
Phone: +62 8221 000 5856
26. Service Level Agreement
For clients engaging our services, specific service level agreements (SLAs) will be defined in individual service contracts. The SLAs will outline response times, uptime guarantees, and support availability as applicable to the specific service engagement.
27. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared during the course of a service engagement. This obligation of confidentiality shall survive the termination of any service agreement and these Terms.
Confidential information does not include information that is publicly available, independently developed, or lawfully obtained from third parties.
28. Data Protection
We are committed to protecting your personal data. We process personal data in accordance with applicable data protection laws, including but not limited to Indonesia's Personal Data Protection Law (UU PDP). For more details, please refer to our Privacy Policy.
29. Termination
We may terminate or suspend your access to our website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the website will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination.
30. Notices
Any notices or communications required or permitted under these Terms shall be in writing and sent to the respective party at the address provided. Notices to Dihardja Software should be sent to hello@dihardjasoftware.com.
Notices shall be deemed received upon delivery if sent by email, or within 5 business days if sent by registered mail.
31. Relationship of Parties
Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and Dihardja Software. Neither party has the authority to bind the other or incur obligations on the other's behalf.
32. Electronic Communications
By using our website, you consent to receive electronic communications from us. These communications may include notices about your account and information concerning or related to our services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically satisfy any legal communication requirements.
33. Survival
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.