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Legal
Effective date: 30 October 2024 · PT Zinit Indonesia Platform
PT Zinit Indonesia Platform is a private limited liability company, duly incorporated under the Indonesian law, domiciled in South Jakarta (hereinafter referred to as "We"/"Us"/"Company"/"Our" which expression shall mean and include its affiliates, successors and permitted assigns). The Company is engaged in the business of providing a software platform for B2B (business-to-business) tenders (goods, works, and services), with the goal of making procurement processes transparent and fair ("Services").
The Company operates through website https://zinit.id/ ("Website") (hereinafter referred to as "Platform"). The Platform is an AI driven platform, made available to both, the supplier who shall participate in the tenders to be listed on the Platform ("Supplier") and the bidder owner who shall list the tenders on the Platform ("Bidder Owner"). The Supplier and the Bidder Owner shall hereinafter collectively be referred to as "User"/"You"/"Your". The use of the Platform is governed by the following terms and conditions ("Terms and Conditions") as applicable to the Platform including the applicable policies which are incorporated herein by way of reference.
These are standard terms and conditions in form of electronic document in terms of Law Number 11 of 2008 regarding Electronic Information and Transaction. This electronic document does not require any physical or digital signatures.
By mere use of the Platform, You agree to be subject to the applicable rules, guidelines, policies, terms, and conditions. We reserve the right, at Our sole discretion, to change, modify, add, or remove portions of these Terms and Conditions, at any time without any prior written notice to You. If You do not agree to these Terms and Conditions, please do not access or use the Services provided through the Platform.
The Platform allows You to submit and access certain personal data (including but not limited to name, email address, contact number, gender, employee data, tender related data content or material provided by You) (collectively, "User Data").
By submitting User Data to Us, You hereby grant all rights and licenses to the User Data required by Us to provide the Services. You agree that We shall have the right to use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of User Data.
The Company implements reasonable security practices and procedures including encryption, access controls, and regular security audits to protect Your personal data. In the event that User Data is disclosed to or accessed by an unauthorized party, We shall promptly notify You.
You own all right, title, and interest in and to Your User Data. Following Your use of the Platform, You may submit a written request to the Company to remove personally identifiable information from its systems.
As part of the Services, We may collect certain personal information and let You interact with other users via social media or third-party platforms. Details are in Our privacy policy at /id/privacy-policy.
2.1 Registration of User. Each User shall subscribe to the Services by registering and maintaining an account ("User Account"). You agree to maintain the confidentiality of Your User Account and its credentials. You are responsible for the security of the chosen password and are fully liable for all actions taken through the Platform using Your User Account.
2.2 Payment Terms.
Bidder Owner's Payment Terms. The Services are made available through an annual subscription plan valid for 365 days from the date of subscription. The fee is considered paid from the moment the funds are credited to Our bank account.
Supplier's Payment Terms. For the Supplier, no upfront subscription fee shall be charged. Instead, if the Supplier is selected as the winning bidder, the Supplier shall be subject to: (a) a fixed Platform Flat Fee and (b) a Variable Service Fee, both calculated in accordance with the Service Fee Schedule in Schedule 1. Both components shall be invoiced upon award confirmation and payable within seven (7) days of invoice issuance, regardless of whether the underlying transaction is completed, delayed, amended, or cancelled.
If an invoice has been issued to the originally declared winner and the Bidder Owner subsequently revises or cancels results but still awards the tender to the same Supplier, the Service Fee shall be calculated based on the higher tender value.
If the revised award results in a higher contract value, the Company shall issue an additional invoice equal to the difference between the initial invoice and the new Service Fee value.
If the Bidder Owner selects a different winner after an invoice has been issued to the original winner, the new winner shall be obligated to pay the Service Fee based on the amount in the announcement addressed to them.
In cases where multiple Suppliers are selected as winners, the Service Fee shall be calculated individually for each winning Supplier based on the value of their accepted offer.
The Service Fee shall be calculated strictly in accordance with Schedule 1 applicable at the time the tender results are declared. The obligation to pay the Service Fee is absolute, independent, and not contingent upon completion or validity of any underlying contract.
If the Supplier fails to pay any Service Fee within the prescribed timeframe, the Company shall have the right to immediately suspend the Supplier's account. The account may only be reinstated upon full payment of the outstanding Service Fee plus a contractual penalty equal to five (5) times the amount of the unpaid Service Fee.
2.3 Mode of Payment. The subscription fee is exclusive of all applicable taxes and charges levied by the payment gateway. Payment options include credit card, debit card, net banking, or UPI.
2.4 Invoice. Any invoices raised by Us shall be paid within 3 (three) days from the date of issuance unless otherwise agreed. Invoices will be delivered to the registered email address upon successful payment.
2.5 Tax withholding and compliance obligations. Where We are obligated to undertake tax withholding under applicable Indonesian laws, and We incur any tax-related liability on behalf of the Supplier, We shall have the right to recover such amounts from the Supplier immediately upon demand.
2.6 Restriction on Use. The Platform is only available to Bidder Owners and Suppliers who participate in tenders directly or through consortium or partners. Every Bidder Owner is entitled to a single subscription per User Account which cannot be shared, transferred, or assigned. Contact support@zinit.com for further information.
2.7 Renewal. It is at the discretion of the Bidder Owner to renew the subscription. The Company reserves the right to amend the Terms and Conditions and subscription fee upon renewal.
2.8 Refund Terms. The Company provides free trials on the Platform before subscription. Once payment is made, it is assumed that You have evaluated the Services to full satisfaction. After making payment, no refund request will be entertained.
2.9 Cancellation. Bidder Owners may cancel their subscription at any time through account settings. If the subscription period is not exhausted, the Bidder Owner may continue to access Services until expiry. Bidder Owners will not be entitled to any refund upon cancellation.
2.10 Eligibility. Persons competent to enter into a contract under the Indonesian Civil Code are eligible to use the Platform. Persons under 21 years of age must have consent from a parent or legal guardian. The Company reserves the right to terminate access if eligibility criteria are not met.
You hereby represent and warrant that: (a) You have the right, authority, and capacity to enter into these Terms and Conditions; (b) You are at least 21 years old; (c) You shall not use a false name or email address; (d) You shall comply with all terms and conditions herein; (e) You shall maintain confidentiality of Your password; (f) all representations made by You are true, correct and complete; (g) Your use of the Services will not violate any contractual arrangement binding on You.
In connection with User Data, You represent and warrant that: (a) You have obtained the User Data lawfully; (b) the User Data is free of viruses and harmful components; (c) all User Data has been collected in accordance with a privacy policy that permits Us to use it as contemplated herein; (d) You are solely responsible for compliance with all applicable personal data protection laws.
The Bidder Owner additionally represents and warrants that the Bidder Owner shall not place identical tenders on similar platforms, shall accept Suppliers' proposals only through the Platform, and shall complete at least 70% of tenders each quarter.
The Platform may only be used for lawful purposes. You agree not to use the Platform to: (a) modify or exploit copyrighted material without prior written consent; (b) sublease, sell, or distribute data or User Data to third parties; (c) defame, harass, or intimidate any person; (d) submit content falsely implying sponsorship by the Company; (e) sell access to the Platform without Company approval; (f) submit bids that intentionally understate the commercial value of goods or services to avoid Service Fees; (g) engage in any action to circumvent or reduce fees due to the Company; (h) use, upload or store harmful, threatening, obscene, pornographic, defamatory, or unlawful content; (i) harm minors in any way; (j) infringe any patent, trademark or copyright; (k) disclose sensitive personal information of others; (l) impersonate another person; (m) threaten the sovereignty or integrity of Indonesia.
We reserve the right to suspend or terminate accounts engaged in prohibited conduct.
If You violate these Terms and Conditions, We have the right to suspend Your subscription and/or prohibit access to any part of the Services without prior written notice. Upon termination, no refund of any payments shall be required.
These Terms and Conditions shall stand terminated upon Your closing of Your User Account. Clauses 1, 6, 7, and 10 shall survive termination.
You agree to indemnify and hold the Company and its directors, shareholders, employees, affiliates, agents, and licensors harmless from: (i) any claims arising from Your use of the Services or violation of these Terms and Conditions; (ii) any non-compliance with applicable law; (iii) fraud committed by You; (iv) Your infringement of any intellectual property rights; (v) any threatening, libelous, or offensive material posted by You on the Platform.
This Platform is the sole property of the Company. All material on this Platform is protected by copyrights, trademarks, and other intellectual property rights owned by Us or licensed to Us. You may not copy, reproduce, republish, upload, transmit or distribute such material without Our prior written consent.
The Company grants You a temporary, non-exclusive, revocable, non-transferable limited license to use the Platform for Your own use.
By submitting content to the Platform, You grant Us a worldwide, non-exclusive, royalty-free, perpetual, sub-licensable license to use, reproduce, distribute, and display such content in connection with the Platform.
You hereby grant Us worldwide permission to use Your name, logo, and trademarks for identifying You as a customer of Our Platform. We will cease such use upon written request from You.
You are entirely liable for maintaining the confidentiality of Your User Data and verification information. You should immediately notify the Company of any unauthorized use of the Platform or any breach of security.
To the extent permitted by applicable laws, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from: (a) Your use or inability to use the Services; (b) unauthorized access to Our servers; (c) any interruption or cessation of transmission to or from the Services.
Our Platform is merely a mode of connecting Bidder Owners and Suppliers. We provide no guarantee to any Bidder Owner for finding a Supplier, nor to any Supplier for securing a tender.
We do not participate in the bidding process and bear no responsibility for the performance of any contractual obligations between Bidder Owners and Suppliers. Any disputes between users must be resolved directly without the involvement of the Company.
The Platform and all Services are provided on an "as is" and "as available" basis. The Company makes no representations or warranties of any kind, express or implied, as to the operation of the Platform.
These Terms and Conditions shall be governed by and construed in accordance with Indonesian law.
Any dispute shall to the extent possible be settled amicably by negotiation within 15 (fifteen) days after a written request for consultation.
If the parties are unable to resolve the dispute within 15 days, all disputes shall be settled by Indonesia National Board of Arbitration (BANI) domiciled in Mampang, South Jakarta, under BANI Arbitration Rules. Awards shall be final and binding.
Arbitration shall be conducted by three (3) Arbitrators: one appointed by the Company, one by the User, and one jointly appointed by the parties. The language of arbitration shall be Bahasa Indonesia.
All notices from the Company shall be provided via email to Your account. Notices to the Company should be sent to legal@zinit.com.
These Terms and Conditions, along with the Privacy Policy and any other applicable guidelines, constitute the entire agreement between the Company and You with respect to Your access to or use of the Platform.
The Company shall not be held liable for any failure to perform its obligations where performance is prevented by events beyond its reasonable control, including force majeure events, internet outages, third-party system failures, or cyber-attacks.
If any term or provision of these Terms and Conditions is held invalid or unenforceable, the remainder shall remain in full force and effect.
Rights and remedies under these Terms and Conditions may be exercised as often as necessary. Delay in exercising any right does not constitute a waiver.
Your participation on the Platform does not make You an employee, agent, partner, or franchisee of the Company.
We make all best endeavors to provide You with a pleasant experience. In the unlikely event that You face any issues, please contact us at support@zinit.com.
By using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
The Service Fee payable by a Supplier consists of two components: (a) a fixed Platform Flat Fee and (b) a Variable Service Fee, both determined by the total value of the purchase order:
| RFP Volume (IDR) | Platform Flat Fee (IDR) | Variable Service Fee | CAP (IDR) |
|---|---|---|---|
| < 20,000,000 | 100,000 | 1.0% | — |
| 20,000,000 – 200,000,000 | 300,000 | 0.8% | — |
| 200,000,000 – 500,000,000 | 1,000,000 | 0.6% | — |
| 500,000,000 – 1,600,000,000 | 2,000,000 | 0.4% | — |
| 1,600,000,000 – 5,000,000,000 | 3,000,000 | 0.3% | — |
| 5,000,000,000 – 16,000,000,000 | 5,000,000 | 0.2% | — |
| > 16,000,000,000 | 10,000,000 | 0.1% | 80,000,000 |
The Service Fee is payable within seven (7) days of invoice issuance, regardless of whether the underlying transaction is completed, cancelled, or varied.
The Company reserves the right to update this Schedule by posting a revised version on the Platform. Updates apply only to tenders published after the effective date of the revised Schedule.