Definitions

Please take your time to read these Terms and Conditions carefully as they form the basis of your contract with PT TRI GATE CONSULTING. It is implicit that you have accepted the Terms and Conditions as laid out below when you submit your order to PT TRI GATE CONSULTING. Client means the individual or entity that contracts with PT TRI GATE CONSULTING. Work means the project assigned to PT TRI GATE CONSULTING.

General

These general terms and conditions apply to all legal relationships between PT TRI GATE CONSULTING and the Client, and supersede any terms and conditions referred to, offered or relied on by the Client, unless PT TRI GATE CONSULTINGspecifically approves the application of such terms in writing.

Quotations, Conclusion of Contracts

Quotations and estimates issued by PT TRI GATE CONSULTING are free of obligation.

• PT TRI GATE CONSULTING may revoke quoted prices or terms of delivery if it has not had the opportunity to assess the entire project prior to issuing the quotation. The Client’s oral or written acceptance of the quotation submitted by PT TRI GATE CONSULTING or, if no quotation was submitted, written confirmation by PT TRI GATE CONSULTING of an order placed by the Client shall constitute a contract.
• PT TRI GATE CONSULTING may consider as a Client any person or entity that has placed an order with PT TRI GATE CONSULTING unless said person or entity has explicitly stated that they are acting on behalf and at the expense of a third party, whose name and address they shall provide PT TRI GATE CONSULTING on placing the order.
• Agreements with and promises made by representatives or personnel of PT TRI GATE CONSULTING shall not be binding unless confirmed by PT TRI GATE CONSULTING in writing.
• Any reasonable doubt on the part of PT TRI GATE CONSULTING about the Client’s ability to pay shall entitle PT TRI GATE CONSULTING to require sufficient security from the Client before executing the order.

Term and Date of Delivery

• Delivery dates are provisional unless an explicit written agreement stipulates otherwise. PT TRI GATE CONSULTING shall notify the Client immediately if it perceives that it will be unable to meet an agreed delivery date.
• If a fixed delivery date is specifically provided for in writing and PT TRI GATE CONSULTING fails to meet it for reasons other than matters beyond its control, and if the Client cannot reasonably be expected to brook any delay, the Client shall be entitled to cancel the contract. In such cases, however, PT TRI GATE CONSULTING shall not be liable to pay any damages whatsoever.

Liability, Indemnity

• PT TRI GATE CONSULTING shall not be liable for any damage whatsoever in respect of any inconsistency or ambiguity of service rendered. PT TRI GATE CONSULTING shall under no circumstance be liable for other forms of damage, such as consequential damage, loss of profits, or losses due to delays. PT TRI GATE CONSULTING liability shall never exceed the invoice amount of the project in question.
• Ambiguity of the content provided by the client shall release PT TRI GATE CONSULTING from any liability whatsoever.
• The decision whether the use of a project produced by PT TRI GATE CONSULTING entails any risk of injury or losses due to injury shall be entirely at the Client’s expense and risk.
• No liability whatsoever shall be incurred by PT TRI GATE CONSULTING in respect of damage to or loss of documents, data or data carriers provided by the Client to facilitate the contract’s execution. Nor shall any liability be incurred by PT TRI GATE CONSULTING in respect of costs and/or damage incurred as a result of (a) the use of information technology and telecommunications media, (b) transport or dispatch of data or data carriers, or (c) the presence of computer viruses in any files or data carriers supplied by PT TRI GATE CONSULTING.
• PT TRI GATE CONSULTING liability shall never exceed the value of the quotation per event.
• The Client shall indemnify PT TRI GATE CONSULTING against any claims by third parties deriving from use of the service, barring any liability incurred by PT TRI GATE CONSULTING under this clause.

Copyright

• Barring explicit, written agreement to the contrary, the copyright to any work or material produced by PT TRI GATE CONSULTING shall rest with the same.
• The Client shall indemnify PT TRI GATE CONSULTING against any and all claims by third parties in respect of alleged violation of property rights, patent rights, copyrights or other intellectual property rights relative to the execution of the contract.

Governing Law and Jurisdiction

• This Agreement and any dispute arising out of this Agreement is governed by and shall be construed by the laws of Indonesia. The parties hereto agree and submit that any matter, issues or all their disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of Indonesia.