TERMS OF USE
FOR THE GREATDAY HR ELECTRONIC SIGNATURE MODULE
This Terms of Use for the GreatDay HR Electronic Signature Module take effect as of [14 NOVEMBER 2024].
This Terms of Use for the GreatDay HR Electronic Signature Module (“E-SIGN Module Terms“) govern the agreement for the use of the electronic signature module within the GreatDay HR Software provided by PT People Intelligence Indonesia (“We“) (“E-SIGN Module“) and individuals or entities falling under one of the following categories (collectively referred to as “You“): (1) Customer of the GreatDay HR Software who access and/or use the E-SIGN Module (“Customer“); and (2) Users of the E-SIGN Module authorized by the Customer to access and/or use the E-SIGN Module (“E-SIGN Users“).
BY ACCESSING OR USING THE E-SIGN MODULE, OR DOWNLOADING ANY MATERIALS FROM THE E-SIGN MODULE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO ALL THE PROVISIONS OF THESE E-SIGN MODULE TERMS. IF YOU DO NOT AGREE TO THESE E-SIGN MODULE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE E-SIGN MODULE, AND YOU ARE REQUIRED TO IMMEDIATELY CEASE SUCH ACCESS OR USE. BY DOING SO, YOU VOLUNTARILY AND KNOWINGLY AGREE TO COMPLY WITH AND ADHERE TO ALL TERMS AND CONDITIONS SET FORTH IN THESE E-SIGN MODULE TERMS.
This E-SIGN Module Term is an integral part of (i) the subscription agreement in effect between Us and the Customer (“Subscription Agreement”), and (ii) the general terms of use of the GreatDay HR Software outlined in the GreatDay HR End User Rights Agreement located at (“EURA“) (collectively referred to as the “General Terms”). Capitalized terms not defined herein shall have the meanings assigned to them in the EURA. In the event of any discrepancies between the provisions of these E-SIGN Module Terms and the EURA, the provisions of the EURA shall prevail.
We reserve the right to amend this E-SIGN Module Terms periodically. You will be notified of any updates, and your continued use of the E-SIGN Module will be deemed as your acceptance of the updated E-SIGN Module Terms.
1. DEFINITIONS
1.1 “Audit Log” means certain information recorded by Us regarding the signature flow of a specific Electronic Document processed using the E-SIGN Module. The Audit Log may include the date and time of creation, sending, signing, rejection, or other modifications made to the Electronic Document, as well as the geographical location of the E-SIGN User as determined by the browser or device used.
1.2 “Account” means a unique organizational account(s) with associated access credentials, created for the purpose of accessing and using the E-SIGN Module (as defined below) and enabling E-SIGN Users to access and use the E-SIGN Module.
1.3 “Personal Data” means all personal data, personally identifiable information, as defined by the applicable Data Privacy Regulations in Indonesia, processed by Us in connection with the E-SIGN Module.
1.4 “Electronic Document” means any document uploaded, imported, or processed into or through the E-SIGN Module.
1.5 “E-SIGN Module” refers to all products and/or services provided by Us, including but not limited to electronic signatures, electronic document management systems, and/or other features of the E-SIGN Module as may be made available by Us from time to time.
1.6 “The Parties” shall mean Us and the Customer or E-SIGN User collectively. Individually, each shall be referred to as a “Party”.
1.7 “E-SIGN User” means any employee or representative of the Customer who has been provided with an Account by the Customer to access and use the E-SIGN Module.
1.8 “Personal Data Protection Regulations” or “PDP Regulations” refers to the applicable personal data protection laws and regulations in Indonesia, including but not limited to Law of the Republic of Indonesia No. 27 of 2022 on Personal Data Protection and its implementing regulations (as may be amended from time to time).
2. TERM AND TERMINATION OF THE E-SIGN MODULE
This E-SIGN Module Terms shall remain effective until the expiration or termination of the Subscription Period for GreatDay HR Software in accordance with the applicable General Terms. In addition to Our termination rights set forth in the General Terms, We may also terminate this E-SIGN Module Terms if We determine, at Our sole discretion, that Your E-SIGN Module Account is being used by unauthorized third parties or if there is a potential violation of this E-SIGN Module Terms, the General Terms, and/or applicable laws.
3. USE OF THE E-SIGN MODULE
3.1 You may use the E-SIGN Module solely for lawful purposes related to your internal operations and must not share your Account or password with any third party.
3.2 You agree that access to and use of electronic signatures and Electronic Documents within the E-SIGN Module are governed by the laws, policies, and regulations of each applicable country, region, and industry. You are fully responsible for ensuring compliance with such laws, policies, and regulations, and for determining whether the use of electronic signatures on Electronic Documents: (i) is permitted or prohibited by applicable law, (ii) is subject to regulations or policies of specific institutions, and (iii) is valid or has the expected legal effect. You will, if necessary, rely on independent legal counsel to determine the validity and enforceability of electronic signatures. Therefore, you are fully responsible for all information, data, and/or content that you upload, input, or disclose while using the E-SIGN Module.
3.3 You have exclusive control over, and are fully responsible for, the content, quality, and format of the Electronic Documents. You shall not hold Us liable for the content of the Electronic Documents in any form. We are not responsible or obligated to provide Electronic Documents or any other documents to any third party.
3.4 You are fully responsible for any use of the E-SIGN Module that violates the law and the provisions of this E-SIGN Module Terms, including but not limited to abuse, copyright infringement, or violations of applicable PDP Regulations. We are not responsible for any claims, losses, costs, or other liabilities arising from the use of the E-SIGN Module that does not comply with applicable laws or violates the provisions of this E-SIGN Module Terms. You hereby agree to indemnify Us from any claims, losses, costs, liabilities, or demands made by third parties relating to the use of the E-SIGN Module in violation of the law or contrary to the provisions of this E-SIGN Module Terms.
3.5 We shall not be liable for any loss, claims, expenses, damages, liabilities, or costs arising from the use of the E-SIGN Module that does not comply with the provisions of this E-SIGN Module Terms or any other applicable technical requirements, including but not limited to the E-SIGN User guidelines (if any).
3.6 The E-SIGN Module services are provided “As Is” and without any warranty of any kind, either express or implied, including but not limited to implied warranties of fitness for a particular purpose, availability, or compliance with applicable laws. You are fully responsible for ensuring that your use of the services complies with the applicable laws, regulations, and policies in your jurisdiction. We make no representations or warranties that the services will meet your specific requirements or comply with any compliance standards that may apply in your jurisdiction.
4. PERSONAL DATA PROTECTION
4.1 To the extent that We receive Personal Data from You when creating an Account and using all features available in the E-SIGN Module, You hereby consent and grant Us permission to process such Personal Data exclusively for the purpose of implementing the provisions of this E-SIGN Module Terms.
4.2 You are fully responsible for all Personal Data used and provided in connection with the use of the E-SIGN Module. You hereby agree and undertake to:
(a) comply with all provisions of the PDP Regulations regarding any and all information and Personal Data that you use in the E-SIGN Module, including obtaining and maintaining valid consent (as required); and
(b) defend, indemnify, and hold Us harmless from any claims, lawsuits, or demands made against Us by any third party in connection with actions, violations, and/or negligence related to the processing of Personal Data.
4.3 We, based on your instructions, may also send messages to other E-SIGN Users regarding the E-SIGN Module on your behalf. You are fully responsible for the message and its contents, including any Personal Data within the message (if any).
4.4 In connection with the Personal Data used by You through the E-SIGN Module, You hereby represent and warrant that:
(a) You have obtained all necessary licenses, permissions, and authorizations from the owners of any Personal Data that will be provided or disclosed to Us for the implementation of the E-SIGN Module;
(b) Each E-SIGN User who will use the E-SIGN Module has been informed of and understands all provisions under this E-SIGN Module Terms.
4.5 You are responsible for configuring and maintaining access controls for the use of the E-SIGN Module on your Account, including protecting and maintaining your Personal Data in a manner you deem appropriate, such as implementing security, protection, deletion, and backup measures for your Personal Data.
5. DATA STORAGE AND RETENTION
Your data will be stored for no longer than the storage limit specified by Us in the E-SIGN Module. We will delete your data, including Personal Data, after your Subscription Period ends or is terminated. Further mechanisms regarding data storage and retention will be subject to Our Privacy Policy, which can be viewed at the following link: Privacy Policy.
6. SECURITY AND COMPLIANCE
6.1 You shall be fully responsible for any Electronic Documents sent through the E-SIGN Module, downloaded from the E-SIGN Module, or transferred to any other system outside of the GreatDay HR Software by any means.
6.2 We shall not be liable for any loss resulting from unauthorized access to your Account or content if you fail to follow secure password creation, management, and protection practices for your Account. Any unauthorized access and/or use of the E-SIGN Module must be immediately reported by You to Us.
6.3 The E-SIGN Module is solely intended to facilitate the execution and/or implementation of Electronic Documents between parties bound by such documents. The provision of the E-SIGN Module shall not be interpreted as Our designation as a party to any Electronic Document executed through the E-SIGN Module, and we make no guarantees that transactions related to such documents will be implemented.
7. PROHIBITIONS
Without prejudice to other prohibitions related to the use of the Software as governed by the General Terms, in using and accessing the E-SIGN Module, you are prohibited from:
(a) using the E-SIGN Module for purposes other than the implementation of the provisions of this E-SIGN Module Terms;
(b) exploiting the E-SIGN Module for the development of your products or any commercial purpose;
(c) using the E-SIGN Module in a manner that infringes upon the rights of any party or violates any provisions under applicable laws and regulations; and/or
(d) using the E-SIGN Module in a manner that may damage or harm Us and/or Our affiliates, or the E-SIGN Module and its associated systems and networks.
8. REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
(a) You are legally competent and authorized to perform legal acts under the laws of the Republic of Indonesia, including binding yourself to and fulfilling all the terms and conditions of this E-SIGN Module Terms;
(b) You have the capacity and authority to represent and act on behalf of the legal entity/business, including but not limited to binding it to comply with and fulfill all the terms and conditions of this E-SIGN Module Terms;
(c) You have obtained all necessary permits in relation to the use of the E-SIGN Module and the performance of obligations under this E-SIGN Module Terms;
(d) There are no ongoing lawsuits, actions, or legal claims that materially affect your ability to fulfill your obligations under this E-SIGN Module Terms and/or affect the validity of this E-SIGN Module Terms;
(e) The execution and performance of this E-SIGN Module Terms will not violate or conflict with (i) applicable laws (including anti-corruption laws and regulations); (ii) your articles of association; and (iii) any binding agreements to which you are a party;
(f) In performing the provisions of this E-SIGN Module Terms, you have complied with all applicable anti-money laundering laws and regulations and have issued an anti-money laundering compliance policy as required by applicable laws and regulations;
(g) You have read and understood the entire contents of this E-SIGN Module Terms and, therefore, voluntarily agree to be bound by and fulfill all the terms and conditions of this E-SIGN Module Terms;
(h) The Customer is fully responsible for all information, data, and/or content uploaded, entered, or disclosed by the Customer and/or E-SIGN Users granted access by the Customer when using the E-SIGN Module.
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