Terms and Conditions Mekari Sign
Welcome to Mekari Sign Service! Thank you for your interest in using Mekari Sign! By creating a Mekari Sign Account or using Mekari Sign Services, You acknowledge that You have read, understood and agreed to these Terms and Conditions (“Terms and Conditions”).
These Terms and Conditions contain an agreement between Mekari Sign and the User. Please read these terms and conditions carefully. These Terms and Conditions may be changed or updated in part or in whole from time to time without prior notification to the User and will take effect from the time they are uploaded on the Site. Mekari Sign recommends that Users check the Site for any changes to these Terms and Conditions from time to time. By continuing to access the Mekari Sign Account or using the Mekari Sign Service or as an Invited User from another User to carry out the signature process, the User is deemed to have agreed to these Terms and Conditions and all their changes. If the User does not agree to these Terms and Conditions and any changes thereto, please stop using the Mekari Sign Service.
Each word starting with a capital letter has the following meaning:
- “Account” means the account created by the User on the Mekari Sign Service which can be associated with a unique name (username), to identify the User in using the Mekari Sign Service.
- “User” or “You” means any individual, partnership, firm, company, legal entity, ministry, institution or organization that creates an Account in Mekari Sign Services and/or uses and/or purchases Mekari Sign Services. Users consist of Authorized Users and Invited Users.
- “Electronic Document” means any Electronic Information, including but not limited to Electronic Agreements, Electronic Reports, which are created, forwarded, sent, received, or stored in analog, digital, electromagnetic, optical, or the like, which can be viewed, displayed, and/or heard through a computer or electronic system, including but not limited to writing, sound, images, maps, designs, photos or the like, letters, signs, numbers, access codes, symbols or perforations that have meaning or can be understood by people who can understand it.
- “Electronic Information” means one or a set of electronic data, including but not limited to writing, sound, images, maps, designs, photographs, electronic data interchange (EDI), electronic mail (e-mail), telegrams, symbols, or those with meaning or can be understood by people who can understand it.
- “Mekari Sign Service” means eSignature, eStamp, eStamp, eContract, and/or other Mekari Sign services announced by Mekari Sign from time to time through the Mekari Sign Site.
- “Personal Data” means all User data provided to Mekari Sign for the needs of using Mekari Sign Services, including but not limited to personal data listed on the National Identity Card (KTP) or other identity card, cellphone number, email address, and facial recording or selfie, IP address, login information, geolocation and browser version.
- “Mekari Sign” or “We” or “Us” or “Our” means PT Mekari Identitas Digital
- “Site” means the www.esign.mekari.com site or other sites announced by Mekari Sign from time to time.
- “Electronic Signature” means a signature consisting of Electronic Information that is embedded, linked, or related to other Electronic Information that is used as a means of verification and authentication made with the Mekari Sign Service.
- “Electronic Transactions” are transactions carried out using computers, computer networks, and/or other electronic media.
- “Quota” or “Balance” means a number of benefit units owned by the User for the Mekari Sign Service.
- “Owner” means the owner of one or more documents uploaded on the Mekari Sign Service.
- “Recipient” means the recipient of one or more documents uploaded on the Mekari Sign Service.
- “Signer” means a Recipient who receives and signs one or more Electronic Documents uploaded on the Mekari Sign Service.
- “Authorized User” means a User who already has an Account, uses the User’s email to sign the documents received, and fills out the registration form completely at https://app.esign.mekari.com/register/
- “Invited User” means a User who does not have an Account, uses the User’s email to sign Electronic Documents received and is a User who is invited by an Authorized User to use the Mekari Sign Service.
- “Electronic Certificate Provider (PSrE)” means a party authorized to issue or provide Electronic Certificates in a certain way based on Laws and Regulations.
- “Electronic Certificate” means a Certificate issued by PSrE registered to the Ministry of Communication and Informatics, which is electronic in nature and contains an Electronic Signature and identity that shows a legal subject or a Party in an Electronic Transaction.
- “Training” means the process of introducing and learning how to use Mekari Sign Services to You.
- “Active Period” means the duration of the Mekari Sign Service that You can use according to the package You choose and pay.
- “Berita Acara Serah Terima” or “BAST” means a document as proof that Mekari Sign Service has been delivered by Us to You and You have received the Mekari Sign Service properly on activation process.
B. Mekari Sign Account
- You cannot transfer your Mekari Sign Account to any party.
- The Mekari Sign service is not for use by underage users, namely anyone who has not reached the competent age limit according to the Indonesian jurisdiction.
- To create a Mekari Sign Account, You are required to provide some information and Your personal data to Mekari Sign. In connection with creating an Account and using Mekari Sign’s services, You agree to provide true, clear, accurate and comprehensive Personal Data to Mekari Sign. You will immediately update the information and data that You have provided to Mekari Sign to keep the information and Personal Data correct, accurate and complete from time to time. Changes, additions, or updates to such information and Personal Data can be made by giving notification to Mekari Sign through the Mekari Sign contact. Mekari Sign has the right to verify changes, additions, or updates to information and Personal Data based on Mekari Sign procedures.
- If You provide statements and guarantees, personal information, or data that is untrue, unclear, inaccurate, or incomplete, Mekari Sign has the right to refuse the Mekari Sign account application and suspend or stop part or all of the Mekari Sign Services provided to You.
- You are responsible for all activities and consequences that arise in connection with the use of Your Mekari Sign account or password, and You will always maintain the confidentiality of Your password with the utmost care. Mekari Sign has the right to consider and treat all activities carried out through the Mekari Sign Account as activities that have been carried out by the relevant Mekari Sign Account holder. You are responsible for all losses and legal consequences arising from Your mistakes or negligence in maintaining the confidentiality of Your Mekari Sign Account password. You will immediately notify Mekari Sign of any suspected or unauthorized use of Your Mekari Sign Account or password or breach of security.
- You can choose to use Your Mekari Sign Account to access or use services provided by third parties. By using Your Mekari Sign Account for this purpose, You agree that these third parties may receive and use Your data. Mekari Sign will not provide User’s Personal Data to third parties without User’s consent. The use of User Personal Data by these third parties is subject to the terms and conditions and/or privacy policies of each third party and is not governed by these Terms and Conditions. Mekari Sign is not responsible for any consequences or losses arising in connection with the use of User data that has been received by a third party with the User’s consent.
- Mekari Sign may use or disclose User Personal Data to comply with legal and statutory provisions, in the context of law enforcement processes or take further preventive measures in connection with unauthorized activities, suspected criminal acts, or violations of laws or statutory regulations.
- List of third-party processors, including but not limited to:
- Indonesian Digital Certificate Provider (PSrE);
- Indonesia’s official e-Meterai distributor;
- Payment service providers; and/or
- Affiliated companies and/or other third-party companies in providing services.
- In connection with such use or disclosure, You release and release Mekari Sign from all claims, demands, and damages that may arise in connection with such use or disclosure.
C. Active Period and Training
- Your Active Period starts as of:
(i) the date as stated in the BAST that has been signed by You and Us or
(ii) at the latest on the 30th (thirtieth) calendar day as of the date of the payment is received by Us.
- In relation to paragraph 1 item (ii) above, We will issue BAST in accordance with the format that we determine.
- We will provide you with free-of-charge Training as part of the Mekari Sign Service that you purchase for the first time.The free-of-charge Training for the Mekari Sign Service can be carried out no later than 3 (three) months as of the date We receive the first payment. If the 3 (three) month period has lapsed and You have not pursued such free-of-charge Training, You may request Training with additional cost.
- If you conduct Training on the usage of the Mekari Sign Service before BAST is signed, then the start date of your Active Period is calculated from the date the first Training was held.
D. Issuance of Electronic Certificates
- In providing Mekari Sign Services – eSignature features, We cooperate with Electronic Certificate Service Provider (PSrE) which are rooted to Regulators who are valid according to laws and regulations and international electronic certificate providers.
- In providing the Mekari Sign Service – eMeterai feature, We work with service providers who are official eMeterai distributors that are legal and enforceable according to law and statutory regulations.
- Electronic Certificates issued have a validity period of 1 (one) year, Mekari Sign can notify Users to renew their Electronic Certificates before or after the expiration date of the Electronic Certificates.
E. Use of the Mekari Sign Service
- Each Mekari Sign Service is divided into several Package options, each of which consists of accessible features and limits for eSignature Quota, eMeterai Quota, eStamp Quota.
- Mekari Sign Account Upgrade Procedures
AMekari Sign User Account – eSignature feature can be upgraded to certified PSrE by upgrading PSrE Account.
- Procedure for Uploading Documents in the Mekari Sign Service
- You can upload documents in PDF, jpg, jpeg, png, doc & docx format with a maximum size of 25MB.
- We recommend that You upload the document in PDF format.
- You understand that uploading documents in formats other than PDF (such as doc, jpg, jpeg, png, etc.) can cause changes to the order or format in Your document (not changes to the content in the document).
- Document Validation Type
After the document has been signed by the Signer, there are 2 types of validation certification listed in the document:
- “Signed by Mekari” is verified with a “validate” status and a green tick logo. This certification comes from an Adobe Certified Associate (“Adobe”). This validation is valid and legally binding.
- “Signed by Electronic Seal” is verified with “unknown” status and a yellow tick logo. This certification comes from the Mint of the Republic of Indonesia (“Peruri”). This validation is valid and legally binding.
- Purchase eSignature Quota
Users with the Owner role can buy the initial eSignature Quota with a minimum according to the selected package. In the event that the Quota has run out, the User can purchase additional Quota by placing an order and making a payment first. The quota will increase if payment has been received by Mekari Sign.
- Purchase of e-Meterai Quota
Owners can buy an eStamp Quota with a minimum amount of 3 (three) e-Stamp Quotas. Recipients can purchase only as many e-Meterai as needed. In the event that the Recipient purchases e-Meterais directly from the Mekari Sign dashboard, Recipients can purchase e-Meterai with a minimum amount of 3 (three) e-Meterai Quota.
- Sending Documents by including the e-Meterai
If the Owner uploads a document, then includes an e-Meterai in the document, and sends it to the Signer, then:
- The eMeterai that has been affixed and sent cannot be returned;
- Fees incurred for these documents are non-refundable; and
- The provisions in letters (a) and (b) apply whether the document has been received and/or signed or refused to be signed by the Signer.
- Unsigned Documents
All documents that have not been signed and stored in a folder on Our website will become invalid/invalid and will be deleted within 120 calendar days (become expired documents).
- Document Reminder
If the Owner sends a document to the Signer/Signer(s), then there is a reminder feature provided by Us on Our Site to remind the Signer to sign the document that has been sent. The reminder feature will not reappear after the last reminder or when the Signer has signed the document.
- Mekari Sign has the right to change or cut access to some or all of Mekari Sign’s services at any time if repairs and/or further maintenance are required to improve service to Users or if there is an alleged leak or breach of security without prior notification to the User.
- In using Mekari Sign Account and Mekari Sign Services, You agree to comply with all laws and regulations in the jurisdiction of Indonesia related to Mekari Sign Accounts and/or Mekari Sign Services.
- You understand and agree that Mekari Sign balance cannot be refund for any reason.
- You agree that the usage of Mekari Sign Services may be subject to certain fair usage policy as applied by Mekari Sign from time to time.
- You agree not to use Mekari Sign Services to carry out transactions or actions that: (i) violate laws or statutory provisions; (ii) violates the rights of Mekari Sign or a third party, including but not limited to privacy rights, copyrights, trademarks, patents, trade secrets or other intellectual property rights, as well as contractual rights or other rights protected under the provisions of laws and regulations applicable; (iii) intentionally and without rights or against the law in any way changing, adding, subtracting, transmitting, destroying, deleting, transferring, hiding any Electronic Information in connection with the Mekari Sign Service; (iv) may damage or disrupt Mekari Sign’s reputation.
- You understand that we are not responsible for the correctness of the contents or content of the documents that You upload on the Mekari Sign Service.
- You understand that all communications and instructions from You to us will be treated as evidence even if they are not made in the form of written documents or wet signatures, and You agree to release us from all claims, demands and compensation that may arise in connection with the implementation of Your instructions.
- You represent and warrant that:
- You are competent and legally authorized to take legal action according to the laws of the Republic of Indonesia, including implementing all of these Terms and Conditions.
- If You create a Confidential Account or use a Confidential Service on behalf of an association, firm, company, legal entity, ministry, agency or organization, You have the capacity and authority to represent and act on behalf of a partnership, firm, company, legal entity, ministry, agency or organization, including but not limited to binding it to comply with and implement all of these Terms and Conditions.
- You have read and understood the entire contents of these Terms and Conditions, and therefore voluntarily agree to comply with and implement all of these Terms and Conditions. Mekari Sign has the right to terminate access to the Mekari Sign Account and stop Mekari Sign Services at any time if there is a violation of these Terms and Conditions. You accept the risk that the data and information recorded in Your Mekari Sign Account cannot be accessed or retrieved by the User after termination.
F. Security and Confidentiality
- We make very careful security and storage efforts to protect the confidentiality of User data from time to time.
- Mekari Sign guarantees that any content in any form uploaded and sent by Users to our Services will be stored safely and sent confidentially using our electronic information security standards.
- Mekari Sign will notify You if there is a failure to protect the confidentiality of Your data in Mekari Sign’s electronic system based on the provisions of the applicable laws and regulations.
- Mekari Sign guarantees that only You can view the Electronic Documents that You upload through Your Mekari Sign Account to Mekari Sign Services and other parties that You have allowed to access Electronic Documents.
G. Limitation of Liability
- Users understand and agree that if an Invited User is invited by a User to use the Mekari Sign Service, the Invited User will be bound by these Terms and Conditions and the policies that apply to the Mekari Sign Service.
- You are responsible and obligated to ensure that the Invited User (and/or Signer, as the context is relevant) is the right and proper party in using the Mekari Sign Service, and You hereby agree to be responsible for all actions and/or omissions of the Invited User (and/or Signer, as the context is relevant) as a result of the Invited User’s (and/or Signer, as the context is relevant) use of the Services.
- We are not responsible for any losses suffered by the User arising from the party that is given Account access by the User to use the Mekari Sign Service.
- Mekari Sign provides the Service in an “as is” condition. You understand that We make no representations or warranties of any kind that:
- The use of Mekari Sign Services will always be on time, work without interruption, or be free from changes, additions, deletions, transmissions, damage, losses, transfers, concealment caused by the actions of a party intentionally and without rights or against the law;
- Mekari Sign services can continue to operate and be used in conjunction with other parties’ devices or systems that are not provided or owned by us; and/or
- Mekari Sign’s services will always meet Your expectations and/or special requests.
- You understand that Mekari Sign Services may experience delays due to interruptions or unavailability or interruption of the third party services you use, or the failure of certain features on the device You use. You also agree to indemnify us from all claims, suits and demands in respect of failure to carry out Your instructions due to the submission of incomplete information.
- You agree to release us from all claims, lawsuits, lawsuits for any consequences or losses arising in connection with: (i) unfinished or delayed electronic transactions; and/or (ii) any interruption, delay, change, or unavailability of Mekari Sign or Our Services (including in the event that We are unable to carry out or continue part or all of Your instructions or communications to Us through the Mekari Sign Site or Application), which are caused by events or matters beyond our control, including but not limited to natural disasters, wars, riots, government policies, banking system failures, monetary crises, changes, additions, subtractions, transmissions, damages, losses, displacements, hiding in equipment system, or caused by the actions of a party intentionally and without rights or against the law which causes disruption, or unavailability of third party services, including internet, electricity, telecommunications and electricity network interruptions on an ongoing basis, or other things beyond Our control.
- You agree to release us from all claims, lawsuits, lawsuits, demands and compensation of any kind and from any party arising in connection with:
- Our use of information or Personal Data based on these Terms and Conditions, or based on the agreement, acknowledgment, authority, power and/or rights that You have given us;
- Providing information or Personal Data by You to Us that violates applicable laws or regulations, violates the rights (including intellectual property rights) of any other party, or violates contracts, agreements, statements, decisions, or documents in which You become a party or are bound by inside;
- Unauthorized use of Mekari Sign Services, violating applicable laws and legal provisions, rights (including intellectual property rights) from any other party, or violating any contract, agreement, statement, decision, or document in which You are wrong a party or are bound by them, or violate these Terms and Conditions.
If the User (and/or its affiliated company that uses the Mekari Sign Service (as relevant)) suffers a real loss when using the Mekari Sign Service during the Active Period which has been proven to be caused by direct error or negligence by Mekari Sign, then the User can submit a claim for compensation to Mekari Sign.
Under any circumstances, the limit for compensation that can be provided by Mekari Sign in connection with losses suffered by Users as referred to in paragraph 1 above is the maximum fee for using Mekari Sign Services that has been paid by Users to Mekari Sign (excluding applicable taxes) with subject to the following requirements:
The User is required to submit a request for compensation to Mekari Sign no later than 30 (thirty) calendar days after the loss occurs or since the User becomes aware of the loss that the User has experienced, whichever occurs first;
If the User uses Mekari Sign Services together with other User’s affiliates and real losses are only experienced by certain User affiliates, then Mekari Sign will only compensate the User up to a maximum of the usage fees that have been paid as relevant for the related affiliate; and
Compensation paid by Mekari Sign is limited to usage fees paid for the User’s (and/or related affiliate’s) Active Period that is still running. However, if the User’s current Active Period is more than 12 (twelve) months, the calculation of compensation will be limited to a maximum of 12 (twelve) months.
- Mekari Sign has sole discretion in determining the amount of compensation to be paid to Users based on internal checks carried out through the Mekari Sign system. The compensation provided by Mekari Sign is final and binding, so that by receiving compensation from Mekari Sign, the User guarantees that there are no bills, costs, claims, demands or other obligations that arise or may arise, which can be billed by the User to Mekari Sign in connection with the matters regulated in this Article.
- Mekari Sign will not be responsible for any losses, claims, expenses, damages, liabilities or costs arising from:
- User’s violation of any provisions in these Terms and Conditions;
- Use of Mekari Sign Services by unauthorized parties and/or given access by Users illegally;
- If there is a defect or liability caused by the User including modifications or add-ons made without the approval of Mekari Sign:
- The product is used together with any third party software or product where the User does not have sufficient rights from the third party vendor for such use;
- Use of the Mekari Sign Service that is not carried out in accordance with the provisions of these Terms and Conditions or other technical provisions that apply to Users, including but not limited to the user guide; and/or
- Non-fulfillment of the requirements mentioned in paragraph 2 above.
- To the extent permitted by applicable law, there is no responsibility from Mekari Sign to Users (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 event arising based on or in connection with these Terms and Conditions, whether by contract, tort (including negligence), violation of duties under law or otherwise.
I. Mekari Sign Intellectual Property Rights
- Mekari Sign owns Intellectual Property Rights over Mekari Sign which are inherent including but not limited to patents, copyrights, brands, and trade secrets, on the content available on Mekari Sign Services (including but not limited to all information, software, information, text, letters, numbers, color arrangements, images, logos, names, video and audio, features, and design selection and arrangement).
- Users and representatives of users, including all employees of users, do not obtain any property rights or intellectual property rights, including but not limited to patents, copyrights, brands, or trade secrets, for the content available on the Mekari Sign Service (including but not limited to all information, software, information, text, letters, numbers, color arrangements, images, logos, names, video and audio, features, and design selection and arrangement).
- Users agree not to use Mekari Sign’s Intellectual Property Rights without Mekari Sign’s prior written approval. The user acknowledges that any attempt or actual violation of the provisions related to intellectual property rights will result in the termination of all User rights related to the Mekari Sign Service.
J. Consent of Personal Data Usage
- That the User hereby declares that he has explicitly given permission for an agreement to Mekari Sign to process the Personal Data provided to carry out his obligations to provide Mekari Sign Services.
- In using the Mekari Sign Account and Mekari Sign Services, the User agrees to comply with the Laws and Regulations that apply in Indonesia.
K. Termination of Mekari Sign Account
- Your Mekari Sign account will be valid indefinitely, unless You send a written request to the Mekari Sign email address listed in these Terms and Conditions to close/terminate the use of Your Mekari Sign Account.
- At its sole discretion, Mekari Sign may close or terminate the use of Your Mekari Sign Account if You violate these Terms and Conditions, carry out activities that could harm Mekari Sign, or present a security threat to the Mekari Sign system, Mekari Sign Services, or other Users.
- Mekari Sign can delete Your data in the Mekari Sign electronic system if You close or stop using Your Mekari Sign Account and the storage period of Personal Data in the electronic system exceeds the provisions of other laws and regulations.
L. Applicable Law and Dispute Resolution
- These Terms and Conditions are governed and interpreted based on the laws of the Republic of Indonesia.
- You and Mekari Sign agree that all disputes or disputes arise from or are related to matters regulated in these Terms and Conditions (including all disputes or disputes caused by illegal actions or violations of one or more of the terms and conditions in these Terms and Conditions) (“Disputes”) will be resolved in the following way:
- One of the parties, both You and Us (“First Party”), must provide written notification to the other party (“Second Party”) regarding the occurrence of a Dispute (“Dispute Notice”). Disputes must be resolved by deliberation within thirty (30) calendar days from the date of Notification of Dispute (“Deliberative Settlement Period”);
- If the dispute cannot be resolved by deliberation until the end of the Deliberative Settlement Period, the First Party and the Second Party agree that the Dispute will be resolved through the Central Jakarta District Court.
- As long as the dispute is still in the process of being resolved, the Parties are still obliged to carry out their respective obligations that must be fulfilled in accordance with these Terms and Conditions.
M. Regulating Language
If these Terms and Conditions are displayed in multiple language options, and there is a discrepancy between one language and another, the Indonesian text will prevail.
If some of these provisions are unenforceable, the remaining provisions will not be canceled and will continue in full force and effect. Mekari Sign has the right to amend and/or change the terms that are canceled with other terms as long as permitted by the applicable laws and regulations.
- Any notification from us addressed to You or the User will be notified via the Site or via email registered to the Mekari Sign Account. Every notification addressed to the User is effective from the time the notification is sent by us.
- Any notifications from Users addressed to us become effective when such notifications are received by us via the e-mail address email@example.com and/or through physical documents sent to PT Mekari Identitas Digital at the Mid Plaza Address 2 Floor 4 – Jalan Jenderal Sudirman Kav. 10-11, Karet Tengsin, Tanah Abang, Central Jakarta, DKI Jakarta, Indonesia 10220.