Welcome to Gadjian. Thank you for visiting Gadjian Website. Before accessing and/or using the Services available in Gadjian website, make sure You thoroughly and carefully read Terms and Condition of Gadjian Website and Service Use (“Terms and Condition”) on this page.
By accessing and/or using the Services available in Gadjian Website and/or application, You agree that You have read, understood, accepted, and approved as well as been legally bind to this Terms and Condition and other documents related with that. If You do not approve this Terms and Condition, do not access Website and use Gadjian’s Services.
Terms and Condition in this document describes and sets out materials which control and regulate legal relations between Service and Gadjian application provider and You or User as Gadjian user.
You shall read this Terms and Condition carefully and are neither obligated to accept this Terms and Condition nor to sign up/in, access or use the Services unless You agree with this Terms and Condition.
I. GENERAL INFORMATION
1. Gadjian is a cloud-based software as a human resource and payroll service (software as a service) to help business entity in organizing human resources.
2. Service Providers are:
a. PT Fatiha Sakti as Gadjian service provider for new and extensions Users as well as the owner of www.gadjian.com ("Gadjian Website"); or
b. PT Pegawe Indonesia Digdaya (licensee for service sales and distribution) as service provider for User whose time period or service period starts at the latest on 9th January 2022.
3. Gadjian Website is a platform which can be used and accessed by User for using the Service, comprising of:
a. Admin Portal is used by Super Admin dan Support Admin to organize data of Employee who is registered on Gadjian and can be accessed through www.user.gadjian.com; and
b. Personnel Portal is used by employee to access Data related with manpower on company.
4. Service is service available in Gadjian application consisting of: employee data organization, employee attendance recording, work schedule and shift organization and monitoring, employee payroll and religious holiday allowance calculation, employee request and permission organization, leave recording and calculation organization, employee loan recording, income tax calculation and correction, employee social insurance administration organization (BPJS) calculation, employee portal provision, salary bookkeeping organization and multi-approval.
5. Access rights within Gadjian are comprising of:
a. Access Right as Super Administrator, viz. right granted to User’s member to have full access for Gadjian operation;
b. Access Right as Administrator, viz. right granted to User’s member as Super Admin to have full access on Gadjian operation, but does not have authority to appoint another Administrator; and
c. Access Right as Supporting Administrator, viz. right granted to User’s member as Super Admin to have access to Gadjian’s features, except Career and Remuneration, Payroll, Salary and LTHR, and BPJS and does not have authority to appoint another Administrator.
6. User or You shall mean the user of Gadjian and Service to the extent in conform with context, comprising of:
a. Every person who opens and/or access Gadjian Website;
b. Company, viz. a business entity which registers/signs up to Gadjian; or
c. Employee, viz. labor who is registered by Company to be participated in Gadjian.
7. Standard Package is Gadjian package provided by Service Provider with features; Personnel Data, Attendance Record, Payroll and Religious Holiday Allowance, Personnel Portal, Salary Bookkeeping, and 1 (one) administrator to manage payroll and non-payroll at once.
8. Success Package is Gadjian package provided by Service Provider with features; Personnel Data, Attendance Record, Payroll and Religious Holiday Allowance, Salary Bookkeeping, Sick & Leave Management, Leave Management, Loan Management, Income Tax Management, BPJS Labor and Health, Work Pattern Management and access rights of 3 (three) Administrator.
9. Intellectual Property Rights include but not limited to copyrights and trademark, either registered or not registered.
10. Work Time is the day on Service Provider carries on its operational activities, viz. Monday until Friday, except national/public holiday, on 08.00-18.00 Indonesian Western Time.
11. Invoice is a document writing sum of money shall be paid by Company for using Service, which is comprising of:
a. Initial Service Invoice is a bill shall be paid by User on the first time of signing up in Gadjian in line with the package, quota, and time period of Service that is chosen by User or 5 (five) days before the time period of Trial Services s over as a form of offering to User to subscribe Gadjian;
b. Extension Invoice is an invoice sent out to User at the last date of the end of service period. If User pays the bill, it shall mean User agrees to extend the use of Service for another 1 (one) month;
c. Service Upgrade Invoice is an invoice sent out by Service Provider and shall be paid by User if User intends to upgrade the Gadjian services, viz. from Standard Package to Success Package in line with Employee Quota;
d. Quota-Add Invoice is a bill sent out to Service Provider and shall be paid by User if User intends to add employees registered on Gadjian. If Company adds employees in the midst of period (before due date), therefore the charged bill for such quota addition is calculated by pro-rate.
12. Data is information which shall be given by User to Gadjian in forms that are provided in Website and/or Application, by which every truth of information that is given is User’s responsibility.
13. Employee Quota is maximum number of Employee who can be registered by Company to Gadjian account.
1. Hereby You state and warrant whereas:
b. You will use and/or access Our Gadjian Website, Services, User Content only for valid purposes;
c. No materials whatsoever distributed through Your account or uploaded or shared by You through Gadjian Website, Service, and/or Service support application will violate or infringe any third party’s right, including copyrights, trademarks, privacy, property or any other personal rights; or encompasses slander, defamation or materials which are against the law;
d. All information that You give to Service Provider (including but not limited to personal and contact information data) is accurate and complete;
e. Service Provider is entitled to change, modify, postpone or cease whole or a part of Gadjian Website or Service or application at any times. Service Provider can also determine limit on particular features or restrict Your access based on Service Provider’s internal decision or rules relevant with the implementation of Gadjian and Service; and
f. Service Provider from time to time, without giving reasons or notifications of any kind before, can update, change, postpone, cease and/or end all content in Gadjian Website and/or Gadjian application, wholly or partially, including but not limited to design, text, graphic pictures, photo, drawings, image, video, application, music, sound and another file, tariff, fees, quotation, historic data, graphic, statistic, articles, our contact information, every other information and the choice and settings thereof.
2. You hereby state and warrant whereas:
a. You are responsible to create all needed settings in order to have access to Gadjian. You are also responsible to confirm that everybody who access Gadjian through Your internet connection acknowledges and complies this Terms and Condition and other prevailing provisions.
b. Internet may undergo disturbance, transmission shut-down, transmission delay due to internet traffic or error data transmission as those circumstances attribute to publicly open internet.
III. SERVICE AND APPLICATION USE
By continuing to use or access Gadjian, it shall mean You have stated and warranted Service Provider whereas:
1. You are only allowed to access and/or use Gadjian for Company’s necessity and non-commercial purpose, which means this Gadjian Website may only be accessed and used directly by Company which is looking for product or Service to help organizing human resources. Access and use of Gadjian Website other than for Company’s necessity or for commercial purpose is prohibited, and violate this Terms and Condition.
2. You are not allowed to use Gadjian for these following matters:
a. to hurt, torture, humiliate, libel, defiling a good name of, threat, intimidate or disturb another person or business, anything which infringes privacy or what Service Provider deems full of hatred, indecent, improper, inappropriate, or discriminative;
b. by way that is against the law, deceive, or with and/or commercial purpose;
c. violate or infringe another person’s rights, including but not limited to patent rights, trademarks, copyrights, trade secrets, publicity, and other property rights;
d. create, examine, renew, change or fix database, record, or directory of Yours or someone else’s;
e. use automatic computer code, screen scraping system or process, robot program, net crawler, spider, data processing, trawling, or computer code; and/or
f. violate Terms and Condition, or other provisions available on Gadjian.
3. Service Provider is not responsible for loss due to failure in accessing Gadjian or method of using Gadjian that is beyond our control.
4. Service Provider is not responsible nor can be blamed for loss or damage which is out of Your estimation at the time You access or use Gadjian. Loss includes expected cost-saving loss, loss of business or business opportunity, loss of income or profits, or any loss or damage which You undergo due to the use of Gadjian.
IV. TRIAL SERVICE
1. Company may get free trial for Gadjian access (“Trial Service”) for maximum 14 (fourteen) calendar days. Trial Service is given to Company that is approved by Service Provider. This Trial Service is given with purpose to help Company to make decision whether to subscribe to Gadjian or not.
2. At the latest 2 (two) days before the time period of Trial Service is over, Service Provider will send out Initial Service Invoice to Company as a form of offering for Company to be Gadjian’s subscribing User. If Company pays the bill, it shall mean Company has agreed to become subscribing User and to be subject to this Terms and Condition.
V. TIME PERIOD OF SUBSCRIPTION
1. Company can subscribe Gadjian for time period as follows: 1 (one) month, 6 (six) months, or 1 (one) year.
2. If Company wants to subscribe Gadjian for 6 (six) months or more, therefore Company may communicate with Service Provider through relevant unit for drawing up the subscription deal into service use agreement. In general, the service use agreement refers to this Terms and Condition’s contents without closing possibility of existence of another more specific consents or deals.
VI. USER'S RESPONSIBILITIES
1. Service Payment Obligation
a. Invoice for Gadjian service fee will be made every month, starting from one month of the date of User starts subscribing Gadjian.
b. Company is obligated to pay all fees charged with the number of Employees registered on Gadjian by referring to terms concerning fees as available in Gadjian Website through bank appointed by Gadjian.
c. Payment schemes maybe chosen by Company are:
1) payment every 1 (one) month;
2) payment every 6 (six) month;
3) payment for 1 (one) year;
4) For payment every 6 (six) month or 1 (one) year, User may sign service use agreement with Service Provider.
2. User's obligations to respect Gadjian’s Intellectual Property Rights;
All Intellectual Property Rights within Gadjian are owned by Service Provider. All information and material, including but not limited to: Application, text, data, graphic, image, trademark, logo, icon, html code and another codes in Gadjian Website and Gadjian application is prohibited to be publicized, modified, copied, reproduced, doubled or changed by any way without written approval from Service Provider. If User violate those rights, Service Provider has the right to make civil lawsuit for the whole number of damage or loss suffered. These violations can also be a crime act as regulated by prevailing laws and regulations.
User agrees to compensate Service Provider and its officers for all loss, taxes, fees, legal expenses, and obligations (which exist at present time, future time, contingency, or anything based on compensation), suffered by Service Provider as a result of or in relation with violations of this Terms and Condition or other related documents conducted by User and/or for measures taken by Service Provider at the time of violation of this Terms and Condition or another relevant documents.
VII. SERVICE CESSATION
1. Service Provider can cease delivering Service and Gadjian access to User or terminate Cooperation Agreement with User on the basis among others as follows:
a. User does not pay Extension Invoice;
b. User violates a part of or all contents of this Terms and Condition; and/or
c. User breaches a part of all Cooperation Agreement.
2. User may cease using Service and Gadjian application by delivering letter of Service termination sent to Gadjian on the address:
Gedung Binasentra Lantai 1 Unit 106
Jl. Gatot Subroto Kav. 71-73
Jakarta 12870 - Indonesia
3. If Service Provider ceases the Service or closes Gadjian access to User because User does not pay Gadjian Service Fee in the amount of quota after invoice is overdue, User’s account status will be:
a. Not active.
Status given by Service Provider if User does not pay Gadjian Service extension after 10 (ten) until 79 calendar days since overdue date. After User does not pay more than 10 (ten) days since the overdue date, User can still access its account but is not be able to use all available features. But, if between the 10 (ten) days until 79 days User pays its extension payment, User can use the features again.
Status given by Service Provider if User does not pay Gadjian Service extension after 79 calendar days overdue date. After User does not pay more than 79 calendar days since overdue date, therefore User’s account is closed for permanent. If User wishes to use Service and Gadjian application, therefore the Gadjian subscription process must be started from the beginning including data migration.
4. If after Gadjian use time period is over User still has fund deposited in User’s account, therefore the fund will be returned no later than 10 (ten) working days since Gadjian use’s end date.
5. If User still has fund deposited in User’s account after User cease using Gadjian or User terminates Cooperation Agreement or Service is ceased by Service Provider due to reasons mentioned in Chapter VII.1, therefore User will not earn the fund back (no-refund).
VIII. SERVICE LEVEL AGREEMENT
1. Service Availability Target
Service Provider gives warranty in relation with Gadjian server uptime for 99,8% for each calendar month.
System failure is not Service Provider’s responsibilities if such system failure is caused by:
a. Service use by User with manners which are not allowed by this Terms and Condition or applicable Cooperation Agreement;
b. general internet issues, force majeure or other factors beyond of Service Provider’s control;
c. failure or malfunction on User’s tools including but not limited to Application, network connection or other infrastructures; or
d. failure or system malfunction, third party’s actions or negligence; or scheduled maintenance or reasonable emergency maintenance.
3. User contacts the Service Provider for assistance in using Gadjian only through the intercom chat service available on the Gadjian Website at Work Time.
XI. RELATIONSHIP WITH THIRD PARTY
1. Service Provider will not disclose User’s Data to third party unless it is obligated by law and/or by order of laws and regulations or governmental or judicial institutions, unless with written approval from User.
2. Service Provider is not responsible for third party’s service who make partner with Service Provider.
3. All risks which occur if are caused by third party’s service who make partner with Service Provider, shall become third party’s responsibilities.
X. ELECTRONIC TRANSMISSION
This Terms and Condition, and every amendment, by any means that is accepted, shall be treated as it should be as contract and shall be deemed to have legal consequences which equally bind as the original versions which are signed directly.
XI. FORCE MAJEURE
If Service Provider cannot perform obligations either partially or wholly, caused by events beyond Service Provider’s control or capability, including but not limited to natural disaster, war, riot, government’s policy/regulations which prohibit or restrict Service Provider to operate under Indonesian law jurisdiction, and happenings or events outside Service Provider’s power or capability, therefore User reliefs Service Provider of any lawsuits in any form in relation with such condition of Service Provider cannot perform obligations either partially or wholly.
XII. DISPUTE SETTLEMENT
1. In case of dispute or conflict which arise of or in relation with this Terms and Condition, Service Provider and Company conduct discussion with good faith to reach resolution based on mutual consent until 30 (thirty) Working Days since notification of dispute/conflict. However, if the said dispute/conflict cannot be resolved through discussion within 30 (thirty) Working Days, therefore the dispute/conflicts will be resolved through South Jakarta District Court.
2. This Term and Condition is interpreted and construed by law or jurisdiction of Republic of Indonesia.
a. Gadjian is not responsible for any kind of negligence by User.
b. By using Gadjian Service, User automatically follows systems available within Gadjian’s features.
c. User is responsible to confirm the truth, validity, and clarity of documents for Gadjian registration, and by this User reliefs Gadjian of any lawsuits, demands, and/or compensation from any party in relation with falsehood of information, Data, remark, authority or power granted by User.
By giving notification to User, in accordance with the prevailing regulations, User hereby agrees that at any times Gadjian has the right to change, which include but not limited to revise, add or reduce, provisions within Terms and Condition, and User is subject to all changes made by Gadjian.
User can contact Gadjian through:
a. Email : email@example.com
b. Phone : (021) 3115-1775
c. Gadjian OfficeGedung Binasentra Lantai. 1 Unit 106 Kompleks Bidakara
XIV. APPLICABLE DOCUMENTS
1. As addition and complement of this Terms and Condition, these following documents also prevail on the use of Gadjian Service and application by User;
b. Service use agreement, which prevail for User which subscribe Gadjian Service and application for time period more than 6 (six) months;
c. End User Agreement (if relevant).
2. If there is contradictory between this Term and Condition with Cooperation Agreement, therefore the provisions contained in this Terms and Condition shall prevail.
By using Gadjian, You admit that You have read, understood, and agreed this Terms and Condition.
Effective: January 17th, 2022