Overview

Terms of Service

Terms of Service

PT Divistant Teknologi Indonesia (trading as "Divistant")


Last Updated: February 24, 2026


1. Introduction and Acceptance


Welcome to Divistant. These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "User", or "you") and PT Divistant Teknologi Indonesia ("Divistant", "Company", "we", "us", or "our"), governing your access to and use of our website, platforms, and services.


By accessing or using any of our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services. If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization.


2. Definitions


For the purposes of these Terms:

  1. "Services" means all products and services provided by Divistant, including IT Consulting, SaaS Products, System Integration, Managed Services, and related professional services.
  2. "Platform" means Divistant's websites, web applications, APIs, and cloud-based tools.
  3. "Client" means any individual or entity that engages Divistant for Services under a service agreement or subscription.
  4. "User" means any individual who accesses or uses the Platform, whether as a Client or visitor.
  5. "Content" means all text, data, information, software, graphics, and other materials uploaded, downloaded, or appearing on the Platform.
  6. "Client Data" means all data, content, and information submitted by or on behalf of the Client through the Services.
  7. "Confidential Information" means any non-public information disclosed by either party that is designated as confidential or that reasonably should be understood to be confidential.
  8. "Service Agreement" means the specific agreement, statement of work, or subscription order between Divistant and a Client detailing the scope, pricing, and terms of Services.


3. Description of Services


Divistant provides comprehensive technology solutions, including but not limited to:


a. IT Consulting

Strategic technology advisory, digital transformation consulting, IT architecture design, technology assessment, and project management services.


b. SaaS Products

Cloud-based software solutions delivered on a subscription basis, including business management tools, automation platforms, and specialized industry applications.


c. System Integration

Design, development, implementation, and integration of software systems, including custom application development, API integration, ERP implementation, and data migration services.


d. Managed Services

Ongoing IT management, monitoring, maintenance, support, and operational services delivered under a managed services agreement.


Specific scope, deliverables, timelines, and pricing for each engagement are defined in the applicable Service Agreement.


4. Account Registration and Security


Certain Services require you to create an account. When registering, you agree to:

  1. Provide accurate, current, and complete information
  2. Maintain and promptly update your account information
  3. Maintain the security and confidentiality of your login credentials
  4. Notify Divistant immediately of any unauthorized use of your account
  5. Accept responsibility for all activities that occur under your account


Divistant reserves the right to suspend or terminate accounts that are inactive, in violation of these Terms, or associated with fraudulent activity.


5. Service Access and Acceptable Use


You are granted a limited, non-exclusive, non-transferable, and revocable right to access and use the Services in accordance with these Terms and any applicable Service Agreement. You agree to use the Services only for lawful purposes and in a manner consistent with these Terms.


6. Prohibited Activities


You agree not to:

  1. Use the Services for any unlawful purpose or in violation of any applicable laws
  2. Attempt to gain unauthorized access to any part of the Services, other accounts, or systems
  3. Interfere with or disrupt the integrity, security, or performance of the Services
  4. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services
  5. Reproduce, copy, sell, resell, or exploit any portion of the Services without Divistant's express written permission
  6. Upload or transmit any viruses, malware, or harmful code
  7. Use the Services to infringe upon the intellectual property rights of others
  8. Use automated tools (bots, scrapers) to access the Services without prior written consent


7. Intellectual Property Rights


a. Divistant IP

All intellectual property rights in the Services, Platform, and any associated software, documentation, methodologies, frameworks, and tools are and remain the exclusive property of Divistant or its licensors. Nothing in these Terms transfers ownership of any Divistant IP to you.


b. Client IP

Client retains all rights, title, and interest in and to Client Data. Client grants Divistant a limited license to use Client Data solely for the purpose of providing the Services.


c. Work Product

Unless otherwise specified in the Service Agreement, ownership of custom deliverables and work product created specifically for the Client shall be governed by the applicable Service Agreement.


8. Client Data and Privacy


We are committed to protecting your data and privacy. Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you acknowledge that you have read and understood our Privacy Policy.


9. Confidentiality


Both parties agree to maintain the confidentiality of Confidential Information received from the other party. Confidential Information shall not be disclosed to any third party without the disclosing party's prior written consent, except:

  1. To employees, contractors, or agents who have a need to know and are bound by confidentiality obligations
  2. As required by applicable law, regulation, or court order (with prompt notice to the other party where permitted)


Confidentiality obligations survive the termination of these Terms for a period of three (3) years.


10. Payment Terms


For paid Services:

  1. Invoicing: Divistant will issue invoices in accordance with the applicable Service Agreement. Payment terms are net 30 days from the invoice date unless otherwise agreed.
  2. Late Payment: Overdue invoices may be subject to late payment interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.
  3. Taxes: All fees are exclusive of applicable taxes (including PPN/VAT). Client is responsible for all applicable taxes, except for taxes based on Divistant's income.
  4. Suspension for Non-Payment: Divistant reserves the right to suspend Services after 15 days' written notice of overdue payment.


11. Service Availability and Support


Divistant endeavors to maintain high availability of its Services. Specific uptime commitments, support response times, and escalation procedures are defined in the applicable Service Level Agreement (SLA).


Divistant may perform scheduled maintenance and will use commercially reasonable efforts to provide advance notice of any planned downtime.


12. Warranties and Disclaimers


a. Divistant Warranties

Divistant warrants that:

  1. Services will be performed in a professional and workmanlike manner consistent with industry standards
  2. Divistant has the right and authority to provide the Services
  3. The Services will materially conform to the specifications described in the applicable Service Agreement


b. Disclaimers

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OR A SERVICE AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. DIVISTANT SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.


13. Limitation of Liability


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:


a. DIVISTANT'S TOTAL AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CLIENT TO DIVISTANT DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.


b. IN NO EVENT SHALL DIVISTANT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY.


c. The limitations above do not apply to liability arising from (i) gross negligence or willful misconduct, (ii) breaches of confidentiality obligations, or (iii) indemnification obligations.


14. Indemnification


a. By Divistant: Divistant shall indemnify and hold harmless the Client from any third-party claims arising from Divistant's infringement of third-party intellectual property rights through the Services, provided the Client gives prompt notice and cooperates in the defense.


b. By Client: Client shall indemnify and hold harmless Divistant from any third-party claims arising from (i) Client's use of the Services in violation of these Terms, (ii) Client Data, or (iii) Client's violation of applicable laws.


15. Term, Suspension, and Termination


a. Term: These Terms remain in effect until terminated. Service-specific terms are governed by the applicable Service Agreement.


b. Termination for Convenience: Either party may terminate a Service Agreement by providing written notice as specified in the Service Agreement (typically 30 days).


c. Termination for Cause: Either party may terminate immediately upon written notice if the other party materially breaches these Terms and fails to cure within 30 days of notice.


d. Effect of Termination: Upon termination, (i) Client's right to access the Services ceases, (ii) Divistant will provide reasonable assistance for data export for 30 days, (iii) outstanding fees become immediately due, and (iv) provisions that by their nature should survive (confidentiality, limitation of liability, indemnification) will survive termination.


16. Dispute Resolution


The parties agree to resolve disputes through the following escalation process:

  1. Negotiation: The parties shall first attempt to resolve any dispute through good-faith negotiation between senior management representatives within 30 days of written notice.
  2. Mediation: If negotiation fails, the parties agree to submit the dispute to mediation under the rules of the Indonesian National Board of Arbitration (BANI) or a mutually agreed mediator.
  3. Arbitration: If mediation fails within 60 days, the dispute shall be resolved by binding arbitration administered by BANI in Jakarta, Indonesia, conducted in English and Indonesian.


17. Governing Law and Jurisdiction


These Terms shall be governed by and construed in accordance with the laws of the Republic of Indonesia, without regard to its conflict of laws principles. Any legal proceedings arising out of these Terms shall be subject to the exclusive jurisdiction of the courts of Jakarta, Indonesia.


18. Force Majeure


Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to: natural disasters, acts of war or terrorism, pandemics, government actions, power failures, internet or telecommunications outages, or cyberattacks. The affected party must provide prompt notice and use reasonable efforts to mitigate the impact.


19. Modifications to Terms


Divistant reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. For significant changes affecting existing Clients, we will provide at least 30 days' advance notice. Continued use of the Services after changes take effect constitutes acceptance of the modified Terms.


20. Severability


If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.


21. Entire Agreement


These Terms, together with any applicable Service Agreements, our Privacy Policy, and any other policies referenced herein, constitute the entire agreement between you and Divistant. These Terms supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written.


22. Assignment and Waiver


You may not assign or transfer your rights or obligations under these Terms without Divistant's prior written consent. Divistant may assign its rights and obligations to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets. No waiver of any provision shall be deemed a further or continuing waiver of that or any other provision.


23. Contact Information


For questions about these Terms of Service, please contact us:

  1. General Inquiries: divistant.com/contact-us
  2. Legal Department: divistant.com/contact-us
  3. Company: PT Divistant Teknologi Indonesia, Jakarta, Indonesia


Thank you for choosing Divistant as your technology partner.