II. Specific Terms For Each Product
The following are the Specific Terms that apply to Users according to the type of product selected.
Specific Terms & Conditions for the Use of Whatsapp Business API & Omnichannel Products
The terms below are only relevant if the User uses a Product in the form of Whatsapp Business API & Omnichannel.
A. Definition
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- WhatsApp Business API means a business version of the WhatsApp account that can be provided by QTM as the official business solution provider from Meta.
- Meta means Meta Platforms, Inc., which is the owner and developer of the WhatsApp Business API.
- Omnichannel Qontak means an application provided by QTM which functions to manage conversations from the WhatsApp Business API and several other social media (facebook messenger, Instagram, line, Twitter, telegram, email and live chat), which is equipped with multiple agent and reporting features.
- User means the party legally appointed and recommended by the User, in this case such as the User’s employees, to be able to operate the Product.
- Implementation means the training process for the use of the Product up to the handover which will be carried out by QTM.
- Product Usage Period means the period of time in which the User can use the Product after handing over the Product account from QTM and the User has implemented it.
- URD Document (User Requirement Document) means a document that contains the process flow of the Implementation of User policies including the Implementation schedule and the Implementation structure agreed upon by the Parties.
- Fee means all fees that must be paid by the User to QTM as set out in this Form, including but not limited to usage fee, BIC and UIC fee, and other fee as relevant.
- Monthly Unique Visitor (Unique Inbound Contact) or MUV means a customer’s unique ID who makes conversations on the Qontak Omnichannel and can be a WhatsApp telephone number, Instagram username, Twitter username, and other unique accounts from social media that can be integrated with the Qontak Omnichannel. MUV calculation will be recalculated every month.
- Whatsapp Conversation Credit means conversation quota of UIC.
- User Initiated Conversation (Conversation Services) or UIC is a definition set out by Meta and may be changed from time to time by Meta, which means a conversation session initiated by a User’s customer that starts since the User replies to the first message from the customer and the User has a period of 24 (twenty four) hours to reply to the first message, so that if the User replies more than the 24 (twenty four) hours interval, a new conversation fee will be charged and a new 24 (twenty four) hours conversation session will be calculated.
- Business Initiated Conversation or BIC is a definition set by Meta and may be changed from time to time by Meta, meaning a conversation session initiated by a User in the form of a notification message or a message used to follow up on a previously conducted conversation and sent using a template. BIC session can last for 24 (twenty-four) hours starting from the first message sent by the User where during the 24 (twenty-four) hours gap, the User can send more than one notification message or follow up message and will be charged once the fee for one BIC session for each category, that is:
- Authentication Conversation means a conversation that allows a User to authenticate a User with a one-time passcode or with multiple steps in the login process (eg: account verification, account recovery, integrity challenge); and
- Utility Conversation means conversations that facilitate certain requests or transactions that are agreed or the delivery of up-to-date information to customers about ongoing transactions, including post-purchase notifications and recurring billing reports;
- Marketing Conversation means conversations that include promotions, information updates, or invitations for customers to respond to or take action. Any conversation that does not qualify as a Utility Conversation or an Authentication Conversation is a Marketing Conversation.
- Conversation means a 24 (twenty-four) hours conversation window where Users and their customers can have conversations freely (without templates).
- Whatsapp Balance means a nominal placed by the User to QTM for the use of BIC. This Whatsapp Balance can also be deducted for UIC usage only when Whatsapp Conversation Credit has been used up by the User.
B. User Account & Active Period
- Users are required to register by creating an account in the application.
- Active Period can be extended with a written agreement made separately by the Parties.
- Users can access and use the Product in accordance with the Term of Use of the Product from the start date stated in the BAST or BASTP (as relevant).
C. Billing & Addition of Product Facilities
- Proforma Invoice or invoice (hereinafter referred to as “Invoice”) for Fees will be sent by QTM to the User. If payment is made using the payment term method, then an Invoice for subsequent payments will be issued to the User and must be paid according to the time specified in the Invoice.
- Payment of Fees must be received by QTM no later than 14 (fourteen) calendar days from the date stated on the Invoice and the User sends proof of payment to QTM. In the event that payment has been received by QTM, QTM will provide the User with: (i) Original Invoice; and (ii) Original tax invoice (hereinafter referred to as “Proof of Payment“).
- Proof of Payment will be sent according to the date of receipt of payment. In the event that the User chooses to make payments for using the Product using the payment term method, Proof of Payment will be sent per term according to the date of receipt of payment.
- In the event that the User requires additional quota/services, additional fees will be charged to the User as follows:
- BIC and UIC additional fees subject to Meta terms
Fees applied by Meta, including fees for User Initiated Conversation and Business Initiated Conversation (“BIC and UIC Fees”), will and always refer to the conditions set by Meta as informed through the official website of Meta and/or through communication media others as determined by Meta from time to time. QTM will notify the User if there is a change in BIC and UIC Fees by Meta. User hereby guarantees and states that the determination of the BIC and UIC Fees is Meta’s sole discretion without involvement from QTM. Therefore, the User understands and knows that the referred BIC and UIC Fees may be subject to change by Meta from time to time, therefore the User agrees that changes to the BIC and/or UIC Fees applied by the Meta will be effective according to the date to be notified by the QTM at a later date.
- Management fee
The User is also required to pay a management fee charged by QTM, which nominal will be stated in the Quotation and/or Usage Agreement. This management fee can be changed at any time by QTM.
- MUV additional fee
If the User requires additional MUVs in the current month, Users can purchase additional MUVs at a fee set by QTM, which amount will be stated in the Quotation and/or the Usage Agreement. This MUV additional fee can be changed at any time by QTM.
- User additional fee
If the User requires additional Users, then the User will be charged a fee per User determined by QTM, which nominal will be stated in the Quotation and/or the Usage Agreement. This User additional fee can be changed at any time by QTM.
- For the avoidance of doubt, BIC and UIC Fees and management fees cannot be paid in installments by the User.
- Each Party is responsible for taxes that must be paid in accordance with the provisions of the applicable laws and regulations.
D. Training
- QTM will provide training on the use of the Product aimed at Users (hereinafter referred to as “Training“).
- The Training provided by QTM was carried out free of charge for 1 (one) time.
- The User can obtain additional training at an additional fee (hereinafter referred to as “Additional Fee“) with details of fee that will be regulated in the Quotation and/or Usage Agreement.
- The Training will be carried out under the following conditions:
- Can be carried out online or by a visit to the User’s office;
- If it is carried out with a visit to a place outside the JABODETABEK, Bandung or Surabaya area, the User is required to pay transportation and accommodation fee; and
- Can only be carried out after the User agreed to these Terms and Conditions and paid the usage fee.
- Additional Training will be carried out provided that:
- If the User is domiciled in the JABODETABEK area, additional training can be carried out online or through visits;
- If the User is domiciled outside the JABODETABEK area, additional training will be carried out online; and
- Additional training can only be carried out after the User paid the usage fee and Additional Fees.
E. Adjustment
The Parties acknowledge and agree that Meta has sole discretion in making changes, modifications and/or adjustments in relation to the Product, whether related to criteria, price, specifications, types and any other matters related to the Product. Therefore, the Parties promise and agree that in the event of any changes, modifications and/or adjustments implemented by Meta, the changes, modifications and/or adjustments will be effective based on the date stated in the notification submitted by QTM to the User.
Specific Terms & Conditions for the Use of Customer Relationship Management Products
The Terms and Conditions below are only relevant if the User uses the Product in the form of a Customer Relationship Management Application.
A. Definition
- CRM Application means a customer relationship management platform designed to improve sales and marketing performance. This platform is equipped with features such as lead management, sales management, ticket management, contact management, task management, along with comprehensive analytical reports to understand sales activity.
- User means the party legally appointed and recommended by the User, in this case such as the User’s employees, to be able to operate the Product.
- Implementation means the discussion process regarding setting up the CRM Application according to the User’s company policies (Meeting Requirements), the process of entering User data into the CRM Application (Setup/Migration), training for using the CRM Application until handover.
- Product Usage Period means the period of time in which the User can use the Product after handing over the Product account from QTM and the User has carried out Implementation.
- URD Document (User Requirement Document) means a document that contains the process flow of the Implementation of User policies including the Implementation schedule and the Implementation structure agreed upon by the Parties.
- Fee means all fees that must be paid by the User to QTM as stipulated in the Quotation and/or Usage Agreement, including but not limited to usage fee and other fees as relevant.
B. User Account & Active Period
- Users are required to register by creating an account in the application.
- The Active Period can be extended with a written agreement made separately by the Parties.
- Users can access and use the Product in accordance with the Term of Use of the Product from the start date stated in the BAST or BASTP (as relevant).
C. Billing & Payment
- Proforma Invoice or invoice (hereinafter referred to as “Invoice”) for Fees will be sent by QTM to the User. If payment is made using the payment term method, then an Invoice for subsequent payments will be issued to the User and must be paid according to the time specified in the Invoice.
- Payment of Fees must be received by QTM no later than 14 (fourteen) calendar days from the date stated on the Invoice and the User sends proof of payment to QTM. In the event that payment has been received by QTM, QTM will provide the User with: (i) Original Invoice; and (ii) Original tax invoice (hereinafter referred to as “Proof of Payment“).
- Proof of Payment will be sent according to the date of receipt of payment. In the event that the User chooses to make payments for using the Product using the payment term method, Proof of Payment will be sent per term according to the date of receipt of payment.
- Each Party is responsible for taxes that must be paid in accordance with the provisions of the applicable laws and regulations.
D. Training and Implementation
- QTM will provide a discussion regarding product system settings in accordance with User company policies (Meeting Requirements), the process of entering User Data into Products (Setup/Migration) together with Product use training aimed at Users.
- The training given simultaneously with the implementation as referred to in paragraph 1 above is carried out free of charge 1 (one) time.
- Users can obtain additional training at an additional fee (“Additional Fee“) with details of costs that will be stipulated in the Usage Agreement and/or Quotation.
- Training and Implementation will be carried out with the following provisions:
- Can be carried out online or by a visit to the User’s office;
- If it is carried out with a visit to a place outside the JABODETABEK, Bandung or Surabaya area, the User is required to pay transportation and accommodation fee; and
- Can only be implemented after the User agreed to these Terms and Conditions and paid the usage fee.
- Additional training will be carried out provided that:
- If the User is domiciled in the JABODETABEK area, additional training can be carried out online or through visits;
- If the User is domiciled outside the JABODETABEK area, additional training will be carried out online; and
- Additional training can only be carried out after the User paid the usage fee and Additional Fees.
Specific Terms & Conditions for the Use of Call Center Products
The Terms and Conditions below are only relevant if the User uses the Product in the form of a Call Center.
A. Definition
- Call Center System means a system designed to increase efficiency and productivity, maximize the use of communication technology to be able to engage and interact with customers, especially in dealing with customer problems. In its implementation, QTM may collaborate and/or partner with other licensed third parties.
- User means the party legally appointed and recommended by the User, in this case such as the User’s employees, to be able to operate the Product.
- Implementation means the discussion process related to setting up the Call Center System in accordance with the User’s company policies (Meeting Requirements), the process of entering User data into the Call Center System (Setup/Migration), training for the use of the Call Center System up to handover.
- Product Usage Period means the period of time in which the User can use the Product after handing over the Product account from QTM and the User has conducted the Implementation process.
- URD Document (User Requirement Document) means a document that contains the process flow of the Implementation of User policies including the Implementation schedule and the Implementation structure agreed upon by the Parties.
- Fee means all fees that must be paid by the User to QTM as set out in this Form, including but not limited to usage fees and other fees as relevant.
B. User Account & Active Period
- User are required to register by creating an account in the application.
- The Active Period can be extended with a written agreement made separately by the Parties.
- Users can access and use the Product in accordance with the Term of Use of the Product from the start date stated in the BAST or BASTP (as relevant).
C. Billing & Changes of Product Facilities
- Proforma Invoice or invoice (hereinafter referred to as “Invoice”) for Fees will be sent by QTM to the User. If payment is made using the payment term method, then an Invoice for subsequent payments will be issued to the User and must be paid according to the time specified in the Invoice.
- Payment of Fees must be received by QTM no later than 14 (fourteen) calendar days from the date stated on the Invoice and the User sends proof of payment to QTM. In the event that payment has been received by QTM, QTM will provide the User with: (i) Original Invoice; and (ii) Original tax invoice (hereinafter referred to as “Proof of Payment“).
- Proof of Payment will be sent according to the date of receipt of payment. In the event that the User chooses to make payments for using the Product using the payment term method, Proof of Payment will be sent per term according to the date of receipt of payment.
- Proof of Payment will be sent according to the date of receipt of payment. In the event that the User chooses to make payments for using the Product using the payment term method, Proof of Payment will be sent per term according to the date of receipt of payment.
- The User makes a payment to QTM for each outgoing call made.
- Each Party is responsible for taxes that must be paid in accordance with the provisions of the applicable laws and regulations.
D. Training & Implementation
- QTM will provide a discussion regarding Product system settings in accordance with User’s company policies (Meeting Requirements), the process of entering User Data into Products (Setup/Migration) (hereinafter referred to as “Implementation”) together with Product use training aimed at User (hereinafter referred to as “Training”).
- The training given simultaneously with the implementation as referred to in paragraph 1 above is carried out free of charge 1 (one) time.
- User can obtain additional training at an additional fee (“Additional Fee“) with details of fees that will be stipulated in the Usage Agreement and/or Quotation.
- Training and Implementation will be carried out with the following provisions:
- Can be carried out online or by a visit to the User’s office;
- If it is carried out with a visit to a place outside the JABODETABEK, Bandung or Surabaya area, the User is required to pay transportation and accommodation fee; and
- Can only be carried out after the User agreed these Terms and Conditions and paid the usage fee.
- Additional training will be carried out provided that:
- If the User is domiciled in the JABODETABEK area, additional training can be carried out online or through visits;
- If the User is domiciled outside the JABODETABEK area, additional training will be carried out online; and
- Additional training can only be carried out after the User paid the usage fee and Additional Fees.
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