Terms of use

Effective Date: [September 1, 2022]

Acceptance of Terms

Please read and accept the EDGE DC Terms of Use (“Terms“) before using the www.edge.id Site or any other Site maintained by EDGE DC (“Site“). If You do not agree with all of the Terms, do not use this Site. EDGE DC may update these Terms from time to time. Each time You use the Site, You will be operating under the Terms as they exist as of the time of use. Please check these Terms prior to each use of our Site.

The Terms are entered into by and between EDGE DC and You. If You currently have in effect a separate written purchase or license agreement with EDGE DC for a service, that agreement shall govern the use of that service to the extent that it conflicts with these Terms.

About Us

This Terms of Use is issued by PT Ekagrata Data Gemilang, a limited liability company established under the laws of the Republic of Indonesia and domiciled at Menara Tendean Building, Floor 22 Unit D & E, Jl. Kapten Tendean No. 20C, West Kuningan, Mampang Prapatan, South Jakarta, DKI Jakarta 12710 (hereinafter referred to as “EDGE DC“, or “Us“). Terms of Use apply for services and/or the Site (defined below) provided and maintained by EDGE DC.

The Site is a medium that allows You as a User to obtain information about EDGE DC’s services which consist of colocation, remote hands and cross-connect services online through the Site (the “Services”).

Interpretation

Headings are for convenience only and shall not in any way affect the interpretation and construction of these Terms of Use.

Words imparting the singular shall include the plural and vice versa.

Words importing a gender shall include every gender.

References to any person shall include an individual, company, corporation, firm, or partnership.

References to “include”, “including” or words of similar import shall mean “without limitation”.

Where any reference is made to reservation of a right in favor of EDGE DC, the exercise of such right shall be unfettered and at the sole and absolute discretion of EDGE DC without the need for EDGE DC to assign any reason thereto.

No rule of construction shall apply to the detriment of a party by reason of the fact that a party had control over the drafting of these Terms of Use.

Disclaimer

Although EDGE DC has attempted to provide accurate information on the Site, EDGE DC assumes no responsibility for the accuracy of the information. EDGE DC may change the programs or products mentioned at any time without notice. Mention of non- EDGE DC products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

THE MATERIALS ARE PROVIDED “AS IS” WITHOUT AN EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

As EDGE DC is providing data center services, EDGE DC will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on Your equipment, transmitted over networks, or otherwise connected with subscriber’s use of the services.

Acceptance of Terms of Use

All access to and use of the Site are subject to these Terms of Use.

By using, accessing and/or subscribing to the Site, You confirm that You accept these Terms of Use and that You agree to comply with them. If You do not agree with these Terms of Use, You must not either use, access or subscribe to the Site.

You can use and access the Site or subscribe to our newsletter only if You are eligible to form legally binding contracts under the applicable law in Your jurisdiction. You ensure that you have the necessary legal capacity, right, power and authority to agree to these Terms of Use

Compliance with the Local Law

EDGE DC makes no representation that materials on the Site are appropriate or available for use in all locations around the world (other than the Republic of Indonesia) from which it may be accessed.

If a part or all of these Terms of Use violates or not enforceable whatsoever under the local laws of the country (including Republic of Indonesia) from which the Site are being accessed, that respective term shall be severable from this Terms of Use and the remainder of this Terms of Use shall however remain in force and effect. Viewing the Site from countries in which the information and Content herein is illegal is strictly prohibited and would be a violation of these Terms of Use. If You choose to do so, You are at Your own initiative and risk. EDGE DC will not be held responsible for any compliance with applicable local laws.

Registration, Use and Security

To subscribe to the e-newsletter from the Site, You must provide the information required by us as appeared in the registration page of the Site.

Information on the Site may contain technical inaccuracies or typographical errors. Information may be changed or updated, provided that the changes or update to such information on the Site shall be made known to You on the Site. EDGE DC may also make improvements and/or changes to the Site at any time, provided that the improvements and/or changes to the Site shall be made known to You on the Site.

The Site may not be available to all Devices which connect to the Internet. You assume all responsibility regarding the end-user equipment and software necessary to access the Site and assume all risk associated therewith.

The Site may not be available to be accessed from all regions and countries of the world. EDGE DC reserves the right, in its sole discretion, to limit or terminate Your ability to access the Site from certain regions or countries, and You assume all risk associated with the accessibility of the Site from any given region or country of the world.

EDGE DC reserves the right to limit or prohibit Your entry into the Site in its sole discretion.

User Conduct

You agree to use the Site only for lawful purposes and in accordance with these Terms of Use.

You agree to notify EDGE DC immediately should you identify any unauthorized use of the Site or any other breach of security of the Site.

You may not allow any other person to: (a) resell, sublicense, or otherwise transfer all or any portion of the Site to any other party; or (b) make commercial use of the Site without the express written consent of EDGE DC.

You agree to abide by all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under Your usage, including the content of Your communication through the Online Chat Feature in the Site. Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct. Specifically, You agree to comply with all applicable laws regarding on-line communication in the country in which You reside.

You may not use these Site in any manner that could damage, disable, overburden, or impair the Site (or the network(s) connected to the Site) or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, computer systems or networks connected to the Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

You will not upload through the Site any defamatory, harmful, obscene, threatening, pornographic or otherwise illegal material or material which would violate or infringe in any way upon our rights or those of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience. You must not express opinions that are crude, racist sexist, vulgar, or otherwise offensive. Always treat other Users with respect.

You will not post or otherwise make available on the Site any material, which You do not own without the express permission of the owner of the material.

You will not broadcast, copy, download, frame, reproduce, republish, transmit in any manner whatsoever, any material on the Site except as is strictly necessary for Your own personal non-commercial home use.

You will not do anything that affects the operability or security of the Site or causes unreasonable inconvenience or offense or disruption to our staff.

Cancellation of e-Newsletter Subscription

You may cancel Your e-newsletter subscription by sending an email to [connect@edge.id] from the e-mail address provided by You the time You request to subscribe to the e-newsletter.

Intellectual Property Rights

All content, including text, data, sound recordings, sound, photographs, graphics, video, or other materials (“Material“) provided on this Site is provided by or to EDGE DC by its respective manufacturers, authors, developers and vendors (the “Third Party Providers“) and is the copyrighted work of EDGE DC and/or the Third Party Providers.

Except as expressly authorized by EDGE DC or the Third Party Provider, none of the Material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise. No part of the Site, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of EDGE DC. You also may not, without EDGE DC’s prior express written permission, copy any Materials contained on this Site on any other server, or use any EDGE DC Marks for any purpose.

“EDGE DC Marks” refers to any names, marks, brands, logos, designs, slogans, trademarks, services marks and other designations EDGE DC uses in connection with its products or services. Individuals who believe that their intellectual property rights have been infringed on the Site, may contact EDGE DC and request that the infringing material be removed or access to it blocked. EDGE DC will investigate those complaints. Where EDGE DC is satisfied that the infringement is taking place, it will take appropriate action. If You believe Your intellectual property rights are being infringed, please direct Your claims to: [connect@edge.id]

Links to Third Party Sites

This Site may contain links to third-party sites. Access to any other Internet site linked to this Site is at the user’s own risk and EDGE DC is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. EDGE DC provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

Access to Password-Protected and/or Secure Areas

Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

Unauthorized Access

You agree (i) not to gain or attempt to gain unauthorized access to any password restricted areas of the Site or to the information contained in such areas of the Site, (ii) not to attempt to evade authentication or security procedures, (iii) not to access or use the Site in any manner that could damage, disable, overburden, or impair EDGE DC’s computer systems or networks, (iv) not to use any robot, spider, scraper or other automated means to access the Site, and (v) not to assist, encourage or permit any other person to do any of the above things.

Disclosure and Confidentiality

To the extent consistent with our Privacy Policy, EDGE DC reserves the right to disclose any personal information about You or Your use of the Site without Your prior permission if EDGE DC in good faith, believes that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of EDGE DC or its holding or affiliated company; (3) enforce these Terms of Use; or (4) act to protect the interests of its members or others.

For further details on use and disclosure of Your personal information please see our Privacy Policy

Representations and Warranties of Terms of Use

You represent and warrant to, in respect of the subscription of e-newsletter: (a) provide true, accurate, current and complete information about You and You as requested in the EDGE DC account registration form; and (b) promptly and promptly any information contained in the electronic registration form to keep it accurate, current and complete.

If You provide any information that is untrue, inaccurate, not updated or inactive, or if EDGE DC suspects that the information is untrue, inaccurate, inaccurate, incomplete or incomplete, EDGE DC reserves the right to enforce the cancellation of the delivery of the e-newsletter to You and all current or future use of the Site (or any part thereof).

Disclaimer of Representation and Warranties

Your access to and use of the Site is at Your sole risk. You acknowledge that by using the Site, You are exposed to risks associated with system failure such as failure of data transmission caused by telecommunication facilities faults; Services disruption or delays during the Site repair, maintenance or upgrading Services period; Services disruption or delays caused by hacker attacks; failure or malfunctions of Your equipment, hardware and/or software, connectivity and infrastructure; intrusion of a third-party into Your computer system; any suspected attempt at piracy, embezzlement or any other impairment risk such as force majeure leading to, including but not limited to, inability to access and use the Site or any other cause in connection with the use or inability to use all or any part of the Services.

Indemnities

You agree to indemnify and hold EDGE DC harmless against all claims, liabilities, charges, expenses, penalties, costs, damages, awards and/or losses suffered or incurred by EDGE DC, which may be arising out of:

  • Your access of and/or use of the Site;
  • Your connection to the Site;
  • Your breach of any of the Terms of Use;
  • Any inaccurate, untrue, incomplete information about You and Your company given and uploaded in the account registration form and any failure to maintain and promptly update such registration data to keep it accurate, current and complete;
  • Your violation of any rights of another person or entity;
  • Your breach of any statutory requirement, duty or law; or
  • the actions of any other party who was able to access and/or use the Site by using Your user id and/or login password.

LIMITATION OF LIABILITY

You acknowledge that EDGE DC will not be liable for any damages of any kind related to Your use of or inability to use these Site, including, without limitation, failure of performance, error, omission, interruption, computer virus, or network or internet failure, or including, without limitation, direct, indirect, punitive, incidental, special, compensatory or consequential damages, lost profits and/or loss of or damage to data or property whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if EDGE DC has been advised of the possibility of such damages.

Privacy Policy

EDGE DC respects Your desire for privacy. EDGE DC’s Privacy Policy can be found at  Privacy Policy. By using the Site, You are consenting to the processing of Your data by EDGE DC and consenting to the terms of our Privacy Policy.

Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Site, or any processes that run or are activated while the Subscriber is not logged in.

Changes to Terms of Use

EDGE DC may revise and update these Terms of Use from time to time at its sole discretion. EDGE DC encourages You to check this page from time to time to take notice of any changes EDGE DC has made. Your continued use of the Site following the posting of revised Terms of Use means that You accept and agree to the changes.

Internet Delays

The Site has the possibility of limitations, delays, and other issues in the use of internet and electronic communication including the Devices used by You become damaged, not connected, or nonfunctional. EDGE DC is not responsible for delays, failure of delivery, damage(s) or damages due to such problems.

Notice or Communication

When You use the Site, or send emails, text messages, and other communications from Your Device to us, You may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on the Site, and You can retain copies of these communications for Your records. You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.

Severability

If there is any provision in the Terms of Use that in its entirety or is deemed invalid or unenforceable under the law or rule of law, that provision or part is deemed not to be part of the Terms of Use and the validity of the other parts of the Terms of Use will not be affected. EDGE DC’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute such right or provision in the event of such or any other event.

Force Majeure

No party shall be liable for any failure to perform its obligations under these Terms of Use if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.

For the purposes of these Terms of Use, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in the territory, and which results in the party being unable to observe or perform on time an obligation under these Terms of Use. Such circumstance or event shall include labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.

Governing Law and Dispute Settlement Forum

The Terms of Use and all matters relating to Your access to, or use of, the Site and Services will be governed by and in accordance with the laws of Indonesia.

Any dispute must be resolved by good faith deliberation by EDGE DC or Use within 30 calendar days after either party notifies the other party of the existence of a Dispute.

If the dispute cannot be resolved amicably within that time period, the dispute will be finally resolved through arbitration based on the Regulations of the Indonesian National Arbitration Board (BANI). The arbitral tribunal consists of three (3) arbitrators. The award of the arbitral tribunal is binding on the parties to the dispute and serves as the site of the award at first and last instance. The arbitration shall be conducted in the Indonesian language.

Effective Date

The Terms of Use will be effective from the Effective Date and until the next update of the Terms of Use or until terminated by EDGE DC.

Contact Us

If You have any questions, comments, complaints or claims regarding the Site or the Terms of Use, please contact our customer service email at: [connect@edge.id].