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Term & Conditions

Term & Conditions

 

  1. INTRODUCTION
  1. Welcome to PrintQoe! We start every new partnership with a contract.
  2. These Terms and Conditions (“Terms and Conditions”) serve as a contract between you (User) and us, PT Astragraphia Xprins Indonesia as the legal owner of PrintQoe website ("PrintQoe").

 

  1. These Terms and Conditions clarify both PrintQoe and User obligations towards each other.
  2. As the User, you certify and declare that :
  1. Being of legal age under Indonesian law to utilize PrintQoe and hold binding legal obligations towards obligations which may arise against you as the result of using PrintQoe;
  2. Have legitimate authority to place orders, either for yourself or others who are authorized to do so.
  1. Upon entering and using PrintQoe website, you have read, understood, consented and obligated to comply with Terms and Conditions. You and PrintQoe are bound by this contract and declare that this consent will serve as an authorized signature in written contract.
  2.  If you do not consent with the Terms and Conditions, please kindly log out from the system shortly.

 

  1. DEFINITION

Some phrases which are used in these Terms and Conditions are defined as follows:

  1. PrintQoe refers to the platform owned by PT Astragraphia Xprins Indonesia within PrintQoe domain;
  2. Data refers to all your required data which is uploaded to PrintQoe through a network connection;
  3. Day refers to Working Day, unless otherwise defined;
  4. Working Days refer to Monday to Friday, except national holidays in Indonesia, from 8.00 WIB until 17.00 WIB;
  5. Cloud Computing (hereinafter referred to as "Cloud") refers to internet-based computing in which various services, such as servers, storage and applications, are sent to the organizations of computers and devices via network, commonly via the internet;
  6. Content refers to all information and Data which is prepared by User and is uploaded or transferred to, from or through PrintQoe;
  7. Location refers to business place of PT Astragraphia Xprins Indonesia to manage and implement PrintQoe services, namely at Jalan Kramat Raya No. 43, Jakarta Pusat, 10450, Indonesia;

 

  1. Brand refers to (i) name, brand terms, logo, types of logo, trade, design or other brand; (ii) or trademarks and trading labels of PrintQoe; and (iii) all trademarks and its derivative trading labels, and trademarks which are owned by PrintQoe and used within the operation of Services of the Products;
  2. Customer refers to you or end user of PrintQoe Services;
  3. Terms and Conditions refers to this online contract document including other documents which are being part of this document as references, as the original or has been modified in accordance with the provisions of Article 9.6 of Terms and Conditions;
  4. Territory refers to the territory of Republic of Indonesia.

 

  1. BASIC INFORMATION AND REQUIREMENTS
  1. Website Usage
  1. This website is provided for your utilization in accordance with the Terms and Conditions. Upon utilizing PrintQoe website, you consented to be bound by (i) these Terms and (ii) PrintQoe Terms and Conditions. Even though we normally only decline the website usage due to violation of Terms and Conditions, we reserve the rights to decline the usage of this website to whosoever and whatsoever the reasons would be.
  2. PrintQoe should inform User regarding maintenance schedules.
  3. PrintQoe, which is provided for User based on the Terms and Conditions, only applies within the Region.
  4. PrintQoe is available for User 24/7 in accordance with PrintQoe policy, but depending on the occurrence of Downtime.
  5. You can access your uploaded data to PrintQoe wheresover via a network connection.
  6. You agree that PrintQoe has the rights to do Enhancement at any time with prior notice to you.
  7. You understand that the Content which is used in conjunction with the previous version of PrintQoe may not be compatible with the next version after Enhancement.
  8. You understand and agree that you can utilize PrintQoe solely based on your rights under the Terms and Conditions.
  9. You understand and accept that PrintQoe forbids you to utilize PrintQoe for any purposes which are against the law or inappropriate including but not limited to gambling and violence.
  1. Register in PrintQoe Account.

To register an account ("PrintQoe Account") on the website, you should be over twenty years old. You have to ensure all the information provided when registration is valid and complete. You have to promptly inform us regarding any changes in the information which you submit when registering through updating your company’s data thus we could communicate with you effectively. We reserve the rights to decline any account registration names which consists of any trademarks violations or may mislead other users.

  1. Password and Security

While you are registering to PrintQoe Account, you will be requested to create a password. To prevent any fraud, you must keep this password confidential. You should not reveal nor share your password with anyone. If you notice or suspect someone else knows the password, you should inform or contact us at cs@printqoe.com. If PrintQoe has any reason to consider that there may be a security breach or website abuse, we may ask you to change your password or suspend your PrintQoe account.

  1. PrintQoe Account
  1. You are solely accountable for maintaining the security of your PrintQoe account, and also wholly liable for all actions which may occur within the account and other activities related to the account such as sharing any materials on the website. You should not describe or assign keywords in your PrintQoe account to a deceiving context or violating the law, as well as in a manner which is intended to trade another person’s name or reputation. We could delete your PrintQoe account if there is any description or keyword which is deemed as inappropriate or violating the law, or may cause any responsiblity, harm or damage to PrintQoe. We may also delete your PrintQoe account if there is no activity within the account for a certain period of time. We should be informed promptly if there is either an unauthorized usage of PrintQoe account or other security breach. We would not be held accountable for any of your actions or omissions, as well as any damage arising from such actions or omissions. Even though we are not held accountable for any loss caused by unauthorized usage of PrintQoe Account, you may be liable for covering the loss of another person due to the unauthorized use.
  2. Website Usage. You are prohibited from utilizing this website for the following purposes:

 

  1. Your Content in Website
  1. You are solely accountable for any content ("Content") that you submit, post and display on the website and any losses which may incur regarding those actions. This consists of, but is not limited to posting any materials to the website, posting any links on the website, commenting on the website or composing (or allowing third party to compose) accessible materials through the website. That is the condition regardless of whether the Content is data, text, files, information, images, screen names, graphics, photos, profiles, audio files, video files, audiovisual combinations, interactive features, music works, authorship works, applications, links, code, scripts, computer software or any other materials. By creating accessible Content, you represent and warrant that:
  1. We may, but are not obliged to, remove Content and PrintQoe account which consist of any Content which is, in our assessment, illegal, offensive, threatening, defamatory, obscene, or inappropriate, or infringe intellectual property rights or other proprietary rights.
  2. PrintQoe could suspend, revoke or limit your PrintQoe account usage if PrintQoe suspects that there are breaches of your obligations, violations of security or violations of the law.
  3. We reserve the rights to adopt your Content on PrintQoe. We DO NOT claim ANY proprietary rights within the Content which you submit, post and display on or through the website. Through submitting, posting and displaying any Content on or through the website, we hereby establish non-exclusive, comprehensive and royalty-free licenses for us worldwide, limited to adopt, modify, adjust, delete, add, display, reproduce, send, store, translate, publish, broadcast, distribute, sell or exploit such Content, including but not limited to, the adaptation, reproduction and distribution of a part or all of the Content in media format through any media channel.
  4. By utilizing this website, we have no right or imply that we support the User’s Content, or we believe that the User’s Content is accurate, useful or do no harm. You are responsible for taking the necessary precautions to secure yourself and your computer system from any bug, virus, worm, trojan horse, and other harmful or destructive contents. This site may contain User \ 'Content which is offensive, indecent or objectionable; also may contain technical inaccuracies, typographical errors, and other errors.
  5. This Site may also contain User \ 'Content which violates the privacy or publicity rights, or infringes intellectual property and other proprietary rights, third parties, or downloading, copying or utilizing them are subjected to additional Terms and Conditions, both explicit and implicit. We reject any and all liability for any damages as a result of website usage; submitted, posted or displayed of User Content; and any User’s downloaded Content on the website.
  6. PrintQoe has to ensure that the data is thoroughly divided and neither combined nor can be accessed by other parties.

 

  1. FEES AND TAXES
  1. Payment / Order on The Website.
  1. Considering that PrintQoe's products are tremendously customized and is adapted to be modified accordingly and adjusted for corporate customers, products could not be returned for refund. Should you have any dissatisfaction towards product defect (such as a scratched or printing), please contact our customer service team for further assistance and our team will investigate the problem and arrange a new product exchange if necessary.

 

  1. GUARANTEE AND LIBERATION
  1. Website Availability
  1. In spite of our aim to offer best services, we do not assure that this website’s services will meet your requirements or expectations. We could not guarantee our services will have no flaw. If there is any error occurs in the website, you must report to cs@printqoe.com and we will try to fix it in a timely manner. Your access to the website may be restricted occasionally to enable us making improvements, maintenance or introduction of new facilities or services. We would attempt to restore the services as soon as possible.
  2. PrintQoe, however, does not guarantee that there will be no interruptions or error-free operations from PrintQoe. This guarantee serves as an exclusive warranty from PrintQoe. This guarantee supersedes all warranties, counting implicit warranties or conditions which are satisfying in quality, merchantable, not infringe and conforming for particular purpose.
  3. Each Party is fully accountable for complying with legal and legislative provisions which apply to its business operations, PrintQoe’s usage, and Content.
  4. PrintQoe is not liable for any claim, lawsuit and other legal remedy from third parties for services provided by third parties other than PrintQoe (including but not limited to service quality, service discrepancies, and delays in service provision) even if these products and services are related to services or your ability to accept or utilize PrintQoe.
  5. Both Parties guarantee that they have full authority and authorization to generate the Contract thus by doing so they do not violate any obligations to third parties.
  6. Under any circumstances, PrintQoe is not liable to any party, including User, for punitive, exceptional, incidental, consequential or other indirect damages (including but not limited to loss of profits) which arise from or in any approach related to your usage of PrintQoe, any failure or delay (including but not limited to utilization or failure in using any component in PrintQoe to place an order), or the implementation of Services from other third parties, even if User has been notified regarding the possible loss. Limitation of this responsibility applies to the extent permitted by applicable law, regardless of whether the claim is stated based on Terms and Conditions, negligence, or other compensation theory
  1. Third Party’s Websites

This site encloses links to other websites and web pages ("Third Party’s Websites"). We have not reviewed, and cannot review, all material which is accessible through Third Party Websites that are linked to the site and website links. We have no authority over Third Party’s Websites, and are not liable for their content, usage, privacy policy or practices. By linking to Third Party’s Websites, we do not represent or imply that we support the Third Party’s Website. You are responsible for taking the necessary precautions to secure yourself and your computer system from any virus, worm, trojan horse, and other harmful or destructive contents. We reject any and all liability for any damages as a result of using Third Party’s Websites.

  1. Internasional Usage

We do not assure that the materials on the Website are appropriate or available for usage in locations out of Indonesian Territory. Access to the Website from a location in which the Content is illegal violating the law is prohibited. If you determine to access the Website from out of Indonesia, you do on your own initiative and you will be fully responsible for complying with local laws.

  1. Advertisement and Sponsorship

Components of the Website may contain advertising and sponsorship materials. Advertisers and sponsors are accountable for ensuring that the submitted materials to be publicized on the Website comply with applicable laws. We are not liable for any flaws or inaccuracies in advertising materials or sponsors on the Website.

 

  1. INTELLECTUAL PROPERTY RIGHTS

The content we display on the Website (PrintQoe’s Content) is secured by copyright, trademarks, patents, trade secrets, databases and other intellectual property rights, which are owned or licensed to us. We hereby grant you a limited license, could be aborted, and could not be sublicensed to reproduce and display PrintQoe’s Content (not including software code) solely for viewing and using the Website. You should not copy, reproduce, providing or sending online, publish, adapt, distribute, transmit, broadcast, display, sell, license, or use PrintQoe’s content without our written consent or the owner of intellectual property rights. This contract does not divert our or third parties’ intellectual property rights, and all rights and interests in and of the property will remain (such as between the two parties) solely with us. Furthermore, PrintQoe logo, and all other trademarks, service marks, graphics and logos which are utilized in accordance with PrintQoe or on the Website are trademarks or registered trademarks or other intellectual property rights of our Company or licensor. Other trademarks, service marks, graphics and logos which are utilized in accordance with the Website may be as trademarks or other intellectual property rights from other third parties. Your usage of the Website does not grant you the right or license to reproduce or use the trademarks, graphics and logos of any third parties.

 

  1. DAMAGES AND RESPONSIBILITIES

You agree to indemnify, defend and discharge PrintQoe from and against any and all claims, damages, responsibilities, fees, settlements, penalties and costs which occur in accordance with any claim, lawsuit, operation, arbitration, subpoena, charges or plea which is proposed by third parties against PrintQoe related to one or more of the circumstances stated below:

  1. breaching of the Terms and Conditions;
  2. utilization of PrintQoe by yourself or your Customers, or any Content or information on PrintQoe;
  3. allegations or violations of intellectual property rights; or
  4. your failure to practice reasonable precautions.

If a third party proposes litigation against you related to PrintQoe based on the Terms and Conditions have been violating the copyright that party, PrintQoe will defend you for the claim and compensate the damages which have been concluded by the court.

 

  1. FORCE MAJEURE
  1. The failure or negligence to implement the Terms and Conditions from one of the Party may not cause any claims from the other Party or may not be deemed as a violation of these Terms and Conditions in accordance with deferment in carrying out their obligations, if the failure or negligence is directly caused by any incidents beyond the reasonable control of a Party, which include natural disaster, war, riot, bombardment, epidemic, sabotage and government policy (hereinafter referred to as "Force Majeure").
  2. Unless these conditions could be averted, the Party who encounters Force Majeure ("Affected Party") must inform the other Party ("Other Party") in written notice regarding the Force Majeure incident not later than 3 (three) Days since the occurrence of Force Majeure, which should be proven by statement from the government or other authorized federation or announcement in the newspaper. If the Affected Party fails to notify in written notice within a period of 3 (three) Days after the occurrence of the incident, then the Force Majeure is not acknowledged by the Other Party thus all risks, consequences and financial losses that may occur shall be borne by the Affected Party. Affected Party should, in a reasonably possible, strive their best efforts to eliminate or remedy these causes.
  3. If the implementation of Terms and Conditions is postponed due to Force Majeure for a period more than 14 (fourteen) calendar days, the Other Party may terminate the Terms and Conditions by issuing written notice 30 (thirty) calendar days prior to termination. 

 

  1. GENERAL REQUIREMENTS
  1. Severability. If there are any provision in Terms and Conditions which are held to be illegal or otherwise unenforceable by the court thus the remainder of the provisions in Terms and Conditions or the entire Terms and Conditions should still apply, however the illegal or unenforceable provision should be changed or modified to be enforceable by the court so that the provision could be held by the relevant Parties, and the rights and obligations of the Parties as consented could be implemented.
  2. Entirety of Terms and Conditions. Terms and Conditions constitute the entire agreement between the Parties and supersede all prior agreements, statements, deals and understandings, either oral or written. There are no agreements, statements, guarantees or other deals, either oral or written, which will bind the Parties in accordance with the implementation of the Terms and Conditions.
  3. Settlement of Disputes. Any dispute, disagreement or discrepancy of opinion which arising out of and/or in connection with the implementation of Terms and Conditions or violations of the provisions in the Terms and Conditions shall be first settled by the parties through deliberation and consensus between the parties. When the deliberation attempt is failed within 14 (fourteen) Days after a dispute arises, the Parties agree to resolve the dispute through Indonesian National Board of Arbitration (BANI) Mediation at an Arbitral Tribunal consisting of 3 (three) appointed arbitrators under BANI's Rules, and a final and binding Arbitration Award. Arbitration held in Jakarta, Indonesia using Indonesian language.
  4. Applicable Law. Terms and Conditions are subject to and are established based on applicable laws in the Republic of Indonesia.
  5. Diversion. Each Party is not permitted to divert either entire or a part of the rights and obligations under the Terms and Conditions without any prior written approval from the other Party. Regarding Services from Partner to Customer, Partner is not permitted to divert either entire or a part of the rights and obligations under the Terms and Conditions without any prior written approval from the Customer.
  6. Amendments. PrintQoe reserves the right to amend these Terms and Conditions at any time and further usage of PrintQoe by User will be subject to Terms and Conditions which apply upon utilizing PrintQoe. Therefore, you consent to review these Terms and Conditions periodically and by advancing to access and utilie PrintQoe, you are deemed to have approved the amended Terms and Conditions.