Terms & Conditions
Last Updated: October 25, 2025
Welcome to Merapi Data Indonesia. These Terms and Conditions ("Agreement") constitute a legally binding agreement between Merapi Data Indonesia ("Provider", "we", "us", or "our") and the entity or individual ("Customer", "you", or "your") accessing or using our services. By registering for, accessing, or using our Services, you agree to be bound by this Agreement.
1. Definitions
- "Services" means the data center, server infrastructure, cloud computing, network connectivity, and related services provided by Merapi Data Indonesia.
- "Service Order" means the specific order form, digital subscription, or contract detailing the Services purchased by the Customer.
- "SLA" means the Service Level Agreement applicable to the specific Services.
- "Customer Data" means all data, software, and content uploaded, stored, or transmitted by the Customer using the Services.
2. Services and Support
2.1 Provision of Services
Subject to the terms of this Agreement and the applicable Service Order, Merapi Data Indonesia will use commercially reasonable efforts to provide the Services in accordance with the Service Level Agreement (SLA).
2.2 Service Level Agreement (SLA)
We guarantee a 99.99% Network and Power Uptime for our Tier-II-ready facilities.
- Remedies: In the event of a failure to meet the SLA, the Customer may be eligible for Service Credits as defined in the specific SLA document. Service Credits are the Customer's sole and exclusive remedy for any performance failure or downtime.
- Exclusions: The SLA does not apply to downtime caused by: (a) scheduled maintenance; (b) Force Majeure events; (c) Customer's equipment, software, or negligence; or (d) suspension of Services due to breach of this Agreement.
2.3 Scheduled Maintenance
We reserve the right to perform scheduled maintenance. We will provide at least 48 hours' advance notice for standard maintenance and as much notice as reasonably possible for emergency maintenance.
3. Customer Obligations
3.1 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use.
3.2 Acceptable Use Policy (AUP)
You agree not to use the Services for any unlawful or prohibited activity. Prohibited activities include, but are not limited to:
- Illegal Content: Hosting, distributing, or linking to child pornography, pirated content, or materials that violate intellectual property rights.
- Network Abuse: Engaging in Denial of Service (DoS/DDoS) attacks, port scanning, botnets, or distribution of malware/viruses.
- Spam: Sending unsolicited bulk email (SPAM) or maintaining an open SMTP relay.
- Security Violations: Attempting to gain unauthorized access to our networks, servers, or other customers' data.
Violation of this AUP may result in immediate suspension or termination of Services without refund.
4. Fees and Payment
4.1 Billing
Fees for the Services are set forth in the Service Order. Unless otherwise agreed, Services are billed in advance on a monthly or annual basis.
4.2 Payment Terms
Payment is due upon receipt of the invoice or by the due date specified. Accounts more than 7 days past due may be suspended.
- Taxes: Fees are exclusive of any applicable value-added tax (VAT), goods and services tax (GST), or other governmental levies. You are responsible for paying all such taxes.
- Refunds: Unless otherwise required by law or stated in a specific Service Order, all fees are non-refundable.
5. Intellectual Property Rights
5.1 Ownership
Merapi Data Indonesia retains all rights, title, and interest in and to its technology, infrastructure, trademarks, and Services. The Customer retains all rights, title, and interest in and to Customer Data.
5.2 License
You grant us a limited, non-exclusive license to host, copy, transmit, and display Customer Data as necessary for us to provide the Services.
6. Confidentiality
Each party agrees to protect the other party's Confidential Information with the same degree of care it uses to protect its own confidential information of a similar nature, but in no event less than reasonable care. Confidential Information includes business plans, technical data, and the terms of this Agreement.
7. Warranties and Disclaimers
EXCEPT AS EXPRESSLY PROVIDED IN THE SLA, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." MERAPI DATA INDONESIA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- INDIRECT DAMAGES: NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION.
- LIABILITY CAP: MERAPI DATA INDONESIA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
9. Indemnification
You agree to indemnify, defend, and hold harmless Merapi Data Indonesia, its affiliates, officers, and employees from any claims, damages, losses, or expenses (including legal fees) arising out of: (a) your use of the Services; (b) your violation of this Agreement; or (c) any claim that Customer Data infringes the rights of a third party.
10. Term and Termination
10.1 Term
This Agreement commences on the date you accept it or start using the Services and continues until terminated.
10.2 Termination
- For Convenience: You may terminate the Services by providing written notice as specified in your Service Order (typically 30 days).
- For Cause: Either party may terminate this Agreement immediately if the other party materially breaches its terms and fails to cure such breach within 15 days of notice.
11. Miscellaneous
11.1 Force Majeure
We shall not be liable for any delay or failure to perform due to causes beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
11.2 Governing Law and Dispute Resolution
This Agreement shall be governed by the laws of Indonesia (for Indonesian-based customers) or Singapore (for international customers), without regard to conflict of law principles. Any disputes arising under this Agreement shall be resolved through binding arbitration in the respective jurisdiction.
11.3 Entire Agreement
This Agreement, including all Service Orders and the SLA, constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior agreements.
For questions regarding these Terms, please contact legal@merapidataindonesia.com