By reading these Term of Use, Customer hereby agrees to all provisions of the Telkomsel Cellular Telecommunication Services Subscription Form ("Form") contained below:
Article 1: Provision of Data by Customers
- The Customer guarantees that all data provided in all written documents and information provided by the Customer or the power of attorney from the Customer to Telkomsel is correct. All matters arising in connection with the provision of these data is the responsibility of the Customer.
- If all the requirements in the Form have not been fully completed by the Customer, Telkomsel has the right to delay or suspend Activation or Deactivate if the GSM number has been activated, until all of the requirements have been fulfilled by the Customer.
- If the data provided by the Customer is incorrect or false or misleading, Telkomsel has the right to terminate or cancel unilaterally the provision of Cellular Telecommunication Services at any time and the Customer hereby agrees to waive all rights to sue for any consequences of the termination or cancellation of service provision.
- If there is a termination or cancellation of the provision of Cellular Telecommunication Services as referred to in section (3) after the Activation, the Customer is obliged to pay all costs incurred in connection with the use of cellular telecommunications services that have been carried out.
Article 2: Subscription Package Activation Period
Customers fully understand that in connection with the use of Telkomsel Cellular Telecommunication Services, Customers are willing to carry out the Subscription Package Activation Period in accordance with the applicable provisions of Telkomsel. Further provisions regarding the Subscription Package Activation Period are regulated at http://www.telkomsel.com/en/klausulberlangganan.
Article 3: Billing
- Billing is a breakdown of prices and other matters related to the use of Cellular Telecommunication Services.
- The bill will still be given as long as the customer has not fulfilled the obligation.
Article 4: Blocking Cellular Telecommunication Services
Any delay and/or failure to pay for Cellular Telecommunication Services caused by Customer's negligence or failure to make payments from the credit card, starting from the period of payment expiration will result in the blocking cellular telecommunication services by Telkomsel with the following stages: (i) blocking outgoing calls; (ii) blocking total (outgoing and incoming); (iii) Termination of Customer status. Telkomsel will unblocking of Cellular Telecommunication Services after Customer make payment in accordance with the amount of the bill. Termination of Customer status does not eliminate customer debt to Telkomsel and Telkomsel can take efforts to resolve in accordance with the applicable provisions in Telkomsel.
Article 5: Customer Approval
- Customers hereby provide approval and no objection to receive information in the form of offers and/or other matters related to Telkomsel product services and/or other parties in collaboration with Telkomsel, where such information can be provided in printed or electronic form (including SMS etc.) from time to time with certain limits set by Telkomsel.
- If the Customer has objections and unable to give approval, the Customer must submit this matter to Telkomsel before signing this Form or no later than 10 (ten) working days after the signing of this Form. If after a predetermined period of time, Customer does not give approval to Telkomsel, Customer is deemed to have given approval and has no objection to receiving information in the form of offers and/or other matters related to Telkomsel product services and/or other parties in collaboration with Telkomsel, however Customer may request changes to Telkomsel.
Article 6: kartuHalo Keluarga Customer
In addition to being subject to other terms and conditions as stated in http://www.telkomsel.com/klausulberlangganan and this Form, kartuHalo Keluarga Customers are also subject to the following terms and conditions:
- The main kartuHalo holder certify that the additional kartuHalo holders, according to this Form have blood relations in line and/or husband/wife/parents/children/siblings who were family members of the main kartuHalo holders and incorporated in one Family Card.
- The main kartuHalo holder hereby declares responsibility for any reason regarding the use of additional kartuHalo according to this Form by the holder.
- In case the main kartuHalo holder is a Corporate Customer group with a Service Level Agreement ("SLA") or VIP/VVIP Customer group, then the responsibility for the bills of all kartuHalo family members is on the 1st additional kartuHalo.
- If the main kartuHalo holder unsubscribes as a Telkomsel Customer, then the subscription status of the additional kartuHalo holder will automatically cancel. If the additional kartuHalo holder intends to continue the subscription, then the additional kartuHalo holder will be treated as a Regular Customer, except if one additional kartuHalo holder is willing to replace the position of the main kartuHalo holder who unsubscribes.
- If one of the additional kartuHalo holder unsubscribes, then the additional kartuHalo holder in the next sequence will replace the position of the additional kartuHalo holder who unsubscribes.
- If there are incomplete payments for the main kartuHalo and/or additional kartuHalo, Telkomsel has the right to carry out blocking of all existing kartuHalo (main and additional) in accordance with the provisions in Article 3. Unless the main kartuHalo is a Corporate Customer group with SLA and/or VIP/VVIP Customer groups, the blocking process is carried out in accordance with the SLA or Customer segmentation rules.
- Requests for confidential codes including but not limited to PIN/PUK can only be made by the main kartuHalo holder and the kartuHalo holder concerned. Specifically, for request to print out the details of the conversation, only the main kartuHalo holder can request additional kartuHalo data with or without a power of attorney, while additional kartuHalo holders can only request for their personal numbers.
Article 7: International Roaming Service
- The customers must fully understand that Credit Limit Service and International Roaming Service are the basic features included in kartuHalo activation.
- International Roaming Credit Limit Service is the service provided for customers to conveniently control their use of kartuHalo data and SMS.
- The customers can change their Credit Limit at any time by contacting Telkomsel Call Center or visiting GraPARI in accordance to Telkomsel’s terms and conditions.
- The customers must fully understand and receive the billing invoice of International Roaming service provided by Telkomsel via Telkomsel’s International Roaming partners with the following terms and conditions:
- The invoice of International Roaming service billed to the customers are in accordance to the information and usage data provided by Telkomsel’s International Roaming partners to Telkomsel;
- The International Roaming payment made by customers to Telkomsel is in accordance to the billing invoice sheet sent to the customers every month.
Article 8: Telecommunication Service Termination and the Legal Consequences
- Telkomsel has the right to temporarily stop providing the cellular telecommunication service for a certain period of time decided by Telkomsel, and/or terminate and deactivate the cellular telecommuniction service if there is any of the following occurrences: a. The information stated on the form is/are incorrect or inaccurate; b. The customer fails to fulfill their obligation in accordance to the form and the related terms and conditions; c. Force Majeure, as stated in article 9 of this terms and conditions, that happens continuously for more than 60 days; d. The customer violates the terms and conditions made by Telkomsel as stated on the website.
- The customers must fully understand and agree that terminating the cellular telecommunication service before the end of package subscription activation period will result in a penalty for the customer in accordance to the terms and conditions of each service.
- In accordance to Telkomsel’s policy, Telkomsel has the right to unilaterally terminate or temporarily deactivate some parts or the whole cellular telecommunication service provided by Telkomsel for the customers.
- The customer can terminate the cellular telecommunication service subscription at any time with a prior written agreement from Telkomsel.
- The termination of cellular telecommunication service based on section 2 and 3 above does not eliminate the customer’s obligations until the termination comes to effective. Telkomsel has the right to submit a civil claim or criminal charges to the customer, including but not limited to claims for overdue payment or compensation due to any loss experienced by Telkomsel.
- Telkomsel and the customers agree to rule out 1266 KUH Perdata (Indonesian Civil Code), therefore the termination of cellular telecommunication service as stated in Telkomsel’s terms and conditions does not need a law verdict.
Article 9: Force Majeure
- Any delay or failure in providing a part or the whole cellular telecommunication service by Telkomsel is not a violation if it is caused by a force majeure.
- A force majeure includes all occurrences that are unable to be predicted and handled by Telkomsel, such as: natural disaster including floods, landslide, volcano eruption, hurricane, earthquake, rebellion, riot, turmoil, war, wildfire, sabotage, embargo, and general strike, and government policy that directly prevents the implementation of these terms and conditions.
- Telkomsel will notify all customers about the force majeure in 7 working days (at most) since the event started to happen.
- Any loss and cost caused by the force majeure are not Telkomsel’s responsibility.
- If the force majeure happened for more than 60 days, Telkomsel can terminate the cellular telecommunication service with prior notice without further obligations to customers. The termination refers to article 7 of this terms and conditions.
Article 10: Limitation of Responsibility
- As long as all obligations based on the terms and conditions have been fulfilled accordingly, Telkomsel is not responsible to the customers for any charges, damage costs, lost or damaged properties caused by or related to the cellular telecommunication service provided by Telkomsel.
- Telkomsel is not responsible for any failure in cellular telecommunication service usage caused by any damage on Telkomsel’s telecommunication network or other network operated by other parties, including making a voice call to other operators, international direct connection, and/or international roaming.
- Telkomsel is not responsible for any indirect loss experienced by the customers, including but not limited to the loss of expected benefits, data loss, and other indirect losses related to the failure in using cellular telecommunication service provided by Telkomsel.
- Telkomsel is not responsible for the material or content of the messages conflicting with the public moral, that are sent by anyone for any purpose.
- The responsibility of Telkomsel every month is limited to a certain amount of money paid by customers to Telkomsel for cellular telecommunication service used on the certain month.
- The customers must fully understand and agree that the use of credit card as a payment method for Telkomsel’s services is proceeded by the issuing bank. Telkomsel simply acts as the party who provides the form signed by customers to the issuing bank. Any mistake and/or delay (“misconduct”) in creating the form and account or credit card debiting are fully the customer’s responsibility. The customers shall exempt Telkomsel from all claims, charges, and other forms of responsibility related to the misconduct.
- Telkomsel is not responsible for any use of kartuHalo by customers in a relation to any third party. Therefore, Telkomsel shall be exempted from any responsibility for any charges from a third party.
Article 11: Settlement of Dispute
- This terms and conditions from must be regulated, interpreted, and ruled by the law of The Republic of Indonesia. If there was a dispute related with this terms and conditions, Telkomsel and the customer shall agree to settle the dispute by deliberation to reach consensus.
- If the dispute, controversy, or any other forms of difference cannot be settled through deliberation, Telkomsel and the customer shall agree to settle the issue through the District Court of South Jakarta.
Article 12: Special Terms
All customers must fully understand, agree and abide to the terms and conditions of cellular telecommunication service made by Telkomsel, as well as other terms and conditions including but not limited to kartuHalo, Halo Fit, Telkomsel Flash package, Telkomsel Blackberry Intemet Services package, Telkomsel iPhone package, and other telecommunication services developed by Telkomsel from time to time, one service or combined, which can be found on hhttp://www.telkomsel.com/en/klausulberlangganan, an inseparable part of the terms and conditions.