Contact Sign In
ID flag ID | EN flag EN
Cloud Indonesia

Terms and Conditions

These Terms and Conditions ("T&C") apply to the DCloud site (PT Datacomm Diangraha) at dcloud.co.id along with its subsidiaries and affiliates (collectively, "DCloud"). BY USING DCloud SERVICES ("Services"), YOU ("CUSTOMER") AGREE TO THE TERMS AND CONDITIONS BELOW.

DCloud may, at its sole discretion, change, modify, add, or remove these T&C at any time. Customers are responsible for reviewing these T&C periodically to check for changes. Continued use of DCloud Services means the Customer accepts and agrees to such changes.

  • DEFINITIONS
    • DCloud Services are cloud computing services owned by PT Datacomm Diangraha ("Services").
    • Authorized Users are the Customer and/or the Customer's employees who are authorized to access the DCloud Services.
    • Customer Data is non-physical data stored on DCloud servers.
    • Customer Balance is the value representing a refund of service fees paid in advance by Prepaid Customers when they delete a service before the end of the service term (refunds are calculated pro rata) and/or service fees returned to the Customer as compensation for service restitution as described in these T&C. Customer Balance can only be used to reduce fees payable for new Services, replacement Services, and/or service term extensions. Customer Balance cannot be cashed out and/or withdrawn by Prepaid Customers.
  • GENERAL TERMS

    Below are the T&C for services to be provided by DCloud to the Customer:

    • DCloud only provides the infrastructure required to implement cloud computing used by the Customer; therefore, DCloud is not responsible for applications, content, and software used by the Customer.
    • DCloud provides infrastructure including processing systems (CPU & Memory), data storage, network, and licenses.
    • If needed, DCloud may provide technical support to the Customer.
    • At the Company's discretion, DCloud may change service procedures without notice and is not responsible for any consequences to the Customer.
    • Referring to service standards, each DCloud Service has quotas such as public IP and feature availability. If the Customer wants to purchase Services beyond the limits set in the Product Catalog, the Customer may submit a written request via the DCloud support portal.
    • The Customer agrees to all special service terms listed in the Product Catalog.
    • Services will be activated/reactivated by DCloud after payment for the use of Services by the Customer (for Prepaid Services) and after approval by DCloud (for Postpaid Services).
  • FEES AND TAXES
    • Fees include administrative fees and stamp duty payable by the Customer. All payments are subject to Value Added Tax (VAT) in accordance with applicable regulations in the Republic of Indonesia and will be borne by the Customer.
    • Any and all other tax obligations arising in connection with these T&C and their implementation will be borne by each party in accordance with applicable tax regulations in Indonesia.
  • SUBSCRIPTION TERM AND NOTIFICATIONS
    • Prepaid Services
      • For Prepaid Services, the subscription notification mechanism is as follows:
        • 1-7 days before the end of the subscription term (H-1 to H-7), there will be an email notification warning that the service will be suspended.
        • 1-3 days after the service end date (H+1 to H+3) and the service has not been renewed by payment, the service will be suspended.
        • 4 days after the service end date (H+4) and the service has not been renewed by payment, the Service will be terminated, not shown on the dashboard, and an email notification warning that the Service will be terminated will be sent.
        • 18 days after the service end date (H+18) and the service has not been renewed by payment, an email notification will be sent that the service is terminated, where all data in the service will be automatically deleted and cannot be recovered.
      • For Prepaid Services, the subscription period rules are as follows:
        • For the subscription term:
          • DCloud, DCloud GPU, DKubes, Marketplace, DBlock, DFS, DObject, DBalance, DBackup, Support Services (Sapphire and Ruby) are calculated on a 1-month scale (any month), so the period is 30 days. Example: subscribing on July 15, 2023 will be counted as 30 days until August 13, 2023).
          • DMail is calculated pro rata from the subscription start date until the last date of the subscription month plus the full cost of one additional month as the first month service fee. Example: subscribing to DMail on July 15, 2023 will be counted from July 15, 2023 to August 31, 2023 for the first month.
          • Domain registration services follow the selected domain subscription term (usually a minimum period of 1 year).
          • One-time implementation services such as DMigrate will be charged one time upfront.
          • Customized services such as Security Services, DReplicate, Support Services (Diamond) will have their subscription term detailed in a separate offer document.
        • A service subscription is counted once the service is available at any time on a date, the service is considered active on that date. Example: purchase and payment on July 15, 2023 at 23:59, the service is considered active on July 15, 2023.
        • If an upgrade to service specifications occurs mid-subscription period resulting in an increased cost, the additional cost will be calculated pro rata in days until the end of the subscription term.
        • If a user deletes a service mid-term, the remaining prepaid credit will remain recorded. If the user subscribes to a new service later, the remaining prepaid credit will reduce the new service cost.
        • The remaining credit will have an active period (usable) only for the last active period of the deleted service; if it has passed that period, the remaining credit will be deemed expired.
    • Postpaid Services
      • For Postpaid Services, the subscription notification mechanism is as follows:
        • The end of the subscription term and the due date for renewal payment falls on the 15th.
        • 1-7 days before the end of the subscription term (H-1 to H-7), there will be an email notification warning that the service will be suspended.
        • 1-3 days after the service end date (H+1 to H+3) and the service has not been renewed by payment, the service will be suspended.
        • 4 days after the service end date (H+4) and the service has not been renewed by payment, the Service will be terminated, not shown on the dashboard, and an email notification warning that the Service will be terminated will be sent.
        • 18 days after the service end date (H+18) and the service has not been renewed by payment, an email notification will be sent that the service is terminated, where all data in the service will be automatically deleted and cannot be recovered.
      • For Postpaid Services, the subscription period rules will be described based on subscription conditions and DCloud policy.
  • SERVICE COMMITMENT
    • DCloud is committed to providing services to customers with an uptime SLA of 99.9% during the Service term. The agreed SLA only covers infrastructure services and does not include scheduled maintenance.
    • Maintenance schedules will be notified at least 7 (seven) calendar days before the maintenance period.
    • In circumstances requiring emergency maintenance or action, DCloud may notify no later than 1 x 24 hours.
    • The Customer agrees to comply with and follow all instructions in the maintenance information provided by DCloud.
  • DOWNTIME AND RESTITUTION POLICY
    • Datacomm guarantees the Customer can use the Services 24 (twenty-four) hours each day with service availability of at least 99.9%, or a maximum downtime of 43.2 minutes per 30 calendar days. SLA (%) = [Usage hours per month - downtime hours] x 100%
    • Downtime excluded from this service commitment includes:
      • Downtime due to scheduled maintenance activities that have been communicated to customers.
      • Downtime due to failure to create and/or purchase new Services.
      • Downtime due to actions by the customer and/or other third parties caused by the customer's lack of knowledge in using DCloud Services.
      • Service disruptions caused by customer configuration errors are not counted toward service credit.
      • Downtime due to the customer not taking actions recommended by DCloud.
      • Intermittent downtime occurring in a short period.
      • Downtime on the DCloud site or portal that does not impact customer services.
      • Force Majeure beyond DCloud's control, including but not limited to fire, floods, earthquakes, war, terrorism, criminal activity, riots, explosions, sabotage, embargoes, natural disasters, strikes, government policies, changes in law, or investment policy changes in Indonesia.
      • Downtime due to equipment, software, or other technology owned by the customer or third parties outside equipment within DCloud's control.
      • Other disruptions not caused by DCloud.
    • If 99.9% availability cannot be met, DCloud will provide service restitution in the form of service credit whose value accumulates per hour of downtime until the service returns to normal, calculated as follows:
      SLB = (TM-DT) * 100%
                      TM

      SLB = Service Level Breach
      TM = Total time per month in minutes
      DT = Total downtime per month in minutes
      Service credit = SLA - SLB x Monthly Fee*
      Monthly fees exclude paid OC license fees

      Service restitution example:
      This month there was one VM server down incident lasting 120 minutes in one month. The service restitution calculation is as follows:
      • Allowed downtime duration: 0.1% x 30 days x 24 hours = 0.72 hours / 43.2 minutes
      • Service disruption duration: 120 minutes
      • Total restitution claim time: |120 minutes - 43.2 minutes| = 76.8 minutes (1 hour 16.8 minutes)
      • Total restitution granted to the Customer is 2 days
      • Restitution in the form of service credit becomes (2/30) x 100% = 6.6667% of the related monthly service fee.
        • Postpaid Customer
          Total charges billed in the next period for prior month usage are: (monthly bill - restitution) For example, if the monthly service fee is Rp. 3,000,000, then after service credit it becomes: = Rp. 3,000,000 - (6.6667% x Rp. 3,000,000) = Rp. 2,800,000
        • Prepaid Customer
          For a Prepaid Customer, if the monthly service fee is Rp. 3,000,000, then the service credit added to Customer Balance is Rp. 3,000,000 x 6.6667% = Rp. 200,000
    • Claims for service restitution must be submitted by the Customer to DCloud no later than 14 (fourteen) calendar days through the DCloud support portal and approved by DCloud. If restitution is requested after the specified period following the disruption, restitution cannot be provided.
    • Payment of service restitution as referred to in these T&C is made by:
      • For Postpaid Customers, DCloud will provide service credit in the billing calculation for the following month.
      • For Prepaid Customers, DCloud will provide service credit as Customer Balance no later than 30 (thirty) calendar days after the restitution request is approved.
  • CUSTOMER DATA FOR SERVICE IMPLEMENTATION
    • The Customer must provide all data required by DCloud based on a written request related to the use of the Services.
    • The Customer is fully responsible for the content and accuracy of such data.
    • Customer Data stored in the Services belongs only to the Customer, and DCloud must protect the confidentiality of such data.
    • The Customer declares that registration data has been provided accurately and correctly. If any data is incomplete at registration, the Customer must complete/update such missing data with correct information as soon as possible.
    • The Customer agrees to provide additional data as needed in the future so that DCloud Services can continue to comply with current regulations in the Republic of Indonesia.
    • The Customer agrees to be responsible if in the future any registration or other customer data is incorrect and/or incomplete, which may result in legal consequences.
    • The Customer agrees to receive communications from DCloud through the contact channels provided by the Customer.
  • LIMITATION OF LIABILITY
    • Limitation of Liability (in contract, lawsuit, negligence) for any claim for damages of any kind is limited to the actual loss experienced by the Customer with a maximum of 10% (ten percent) of the total subscription value for 1 (one) year for Prepaid Services and a maximum of 10% (ten percent) of the last monthly invoice for Postpaid Services.
    • DCloud is only responsible for the Services as stated in the Subscription Contract and/or in accordance with the Shared Responsibility Model.
    • All matters related to the installation of applications and their consequences performed by the Customer on DCloud Services are not the responsibility of DCloud. DCloud is not responsible for damage and/or loss of data that may occur on end-user devices in the use of any email client software such as Microsoft Outlook or other email client software. The Customer is responsible for maintenance of the email client software used by each end user.
    • The Customer understands all risks of using Services provided by DCloud and agrees to release DCloud from any legal claims, including compensation claims arising from such risks, and from liability as a service provider in the event of Force Majeure in providing Services to the Customer.
    • DCloud has the right to do the following at any time without notice: (1) change, suspend, or terminate access to services; (2) stop operation of services or any part of the services as needed for routine or non-routine maintenance, error correction, or other changes.
  • SOFTWARE LICENSE RESPONSIBILITY
    • Responsibility for the use, management, compliance, and legal validity of software licenses used in the DCloud service environment transfers from DCloud to the Customer from the date of signing the Service Handover Minutes by the Parties or from the effective date of delivering credentials (username and password) from the server to the Customer.
    • The Customer is fully responsible for all use of software licenses placed, installed, uploaded, or run on DCloud services provided by DCloud, including ensuring that such licenses are legitimate, valid, and do not violate intellectual property rights (IPR) or the licensor's requirements.
    • DCloud, as the DCloud service provider, is not responsible for any IPR violations arising from the Customer's use of software licenses, including but not limited to the use of unlicensed, pirated, or non-compliant licenses.
    • Any fines, claims, lawsuits, damages, penalties, or other financial obligations imposed by software license owners or any third party due to IPR violations by the Customer are entirely the Customer's responsibility. The Customer must bear and resolve all such obligations without involving or imposing responsibility on DCloud. The Customer agrees to release, protect, and indemnify DCloud from any claims, demands, or obligations arising in connection with the Customer's violation of software license terms.
  • SERVICE CHANGES
    • Service Upgrade
      • Service upgrades can be performed independently by the Customer.
      • Customers who purchase Prepaid Services can use the upgrade service by making a self-payment and after payment, the Customer can directly use the service.
      • Customers who purchase Postpaid Services can use the upgrade service and the upgrade charge will be listed on the next month's bill on a pro rata basis.
    • Service Downgrade
      • Service downgrades do not apply to Prepaid Services.
      • Customers who purchase Postpaid Services can use the downgrade service directly and the downgrade charge will be listed on the next month's bill on a pro rata basis.
  • SERVICE SUSPENSION AND TERMINATION
    • DCloud may suspend and/or terminate Services if the Customer:
      • Violates these T&C;
      • Violates a material provision of these T&C, which is curable (including failure to pay invoices to DCloud), and the Customer fails to cure within 7 (seven) calendar days after notice from DCloud.
      • Fails to settle payments during the suspension period, DCloud may automatically terminate the Customer's account.
      • Upon termination, the use of DCloud cloud resources by the Customer will stop and the account and its data will be permanently deleted. Deleted resources cannot be restored in any way.
      • Becomes bankrupt, ceases to operate its business as a going concern, is unable to pay its debts when due, or becomes the subject of voluntary or involuntary bankruptcy or liquidation proceedings.
      • The Customer, its employees, agents, contractors, or related third parties access the service without authorization, cause any security breach related to the Services, or if DCloud reasonably suspects any fraud or unlawful activity.
    • Suspension and termination mechanisms are in accordance with the Purchase and Payment Terms.
    • If services are suspended, the Customer cannot access the services and is not entitled to restitution.
    • The Customer waives the provisions of Article 1266 of the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata Indonesia). Upon expiration or termination of these T&C for any reason, the Customer's right to use the Services and any other rights granted to the Customer under these T&C immediately terminate. All fees for Services provided to the Customer will become due and payable upon receipt of the final invoice.
    • If the Customer decides to stop subscribing to DCloud Services before the selected service term ends, the Customer is not entitled to a refund for the services currently used.
  • CUSTOMER USAGE POLICY
    • The Customer is responsible for the internet connection used to access DCloud Services.
    • The Customer guarantees that the Services provided by DCloud are used as intended and do not violate these terms and applicable laws and regulations.
    • The Customer agrees to use the services only for business purposes and in accordance with the technical documents and/or Product Catalog applicable to each DCloud Service as determined by DCloud from time to time.
    • The Customer is fully responsible for all costs and technical resources needed to use the services.
    • The Customer is responsible for maintaining the confidentiality of Customer content in data storage and is responsible for any losses arising from unauthorized use of Customer content. If the Customer has reason to believe that a storage location is no longer secure, the Customer agrees to immediately notify DCloud.
    • The Customer is prohibited from using, exporting, or re-exporting any content, copies, adaptations of content, or any services offered that violate any applicable laws or regulations, especially the laws of the Republic of Indonesia.
    • The Customer must ensure that all information and/or data provided to DCloud is accurate, complete, and not misleading.
    • In using DCloud Services, the Customer must keep personal backups of software, sites, databases, and all Customer content. The Customer agrees that DCloud is not responsible for the risk of data loss or corruption, including in the event of upgrades, downgrades, or maintenance of DCloud equipment and/or equipment related to the Services. The Customer is advised to use DCloud backup services and managed services for operational backup.
    • The Customer may only use the services to store, retrieve, request, serve, and execute Customer Data owned, licensed, or lawfully obtained by the Customer ("Customer Content").
    • The Customer is permitted to use certain software (including related documentation) developed and owned by the Principal or licensor and/or DCloud only for the use of DCloud Services. If the Customer chooses to use Principal Software (Microsoft, RedHat, or others), the Customer agrees to these additional terms in accordance with the Service Provider License Agreement (SPLA) model or Cloud Service Provider (CSP) model. Such software is sold or distributed to the Customer and the Customer may not transfer it or assign it to any other party outside the service without specific permission to do so; Customer is prohibited from removing, altering, or obscuring copyright notices, trademarks, or other proprietary notices contained in or on the Principal Software;
      The Customer may not reverse engineer, decompile, or disassemble the Principal Software except as permitted by applicable law.
      In accordance with applicable law and permissions, each software Principal is responsible for guaranteeing any damages, direct, indirect, or consequential, arising from the service.
      The software Principal is not responsible for providing any support related to the service. The Customer may not contact the software Principal directly for support;
      For Microsoft software, the Customer is not entitled to use Microsoft Software in any application that controls aircraft or other mass transportation, nuclear or chemical facilities, life support systems, implantable medical devices, motor vehicles, weapons systems, or similar scenarios (collectively, "High Risk Use"). Microsoft and its suppliers provide no express or implied warranties for High Risk Use. High Risk Use does not include administrative uses, storing configuration data, engineering and/or configuration tools, or non-control applications whose failure would not result in death, personal injury, severe physical injury, or environmental damage. These applications may communicate with control applications but must not be directly or indirectly responsible for control functions.
    • The Customer is prohibited from using, encouraging, promoting, facilitating, or instructing others to use DCloud services and/or the DCloud site for any illegal, harmful, or offensive use, or to send, store, display, distribute, or provide illegal, harmful, or offensive content.
    • If DCloud finds Customer Content that violates the law, infringes the rights of any third party, or violates material provisions of these T&C, DCloud will notify the Customer about the Prohibited Content and may request the Customer to remove such content from the Services, suspend, or disable access to the account containing Prohibited Content.
    • If the Customer does not remove and/or disable access to prohibited content within 2 (two) calendar days after notification, DCloud may remove or disable access to the prohibited content or suspend the Services. Prohibited activities or content include:
      • Use of services that causes damage to DCloud servers or other servers on the Internet. If the customer is suspected of misusing resources, whether due to malware, CPU hogging, or other reasons, causing disruptions to other DCloud customer services, the relevant customer service may be suspended.
      • All DCloud service accounts are provided with unlimited bandwidth within reasonable limits. If the customer is indicated to use bandwidth for illegal purposes such as botnet, seeding/leeching torrents, or other illegal activities that may disrupt DCloud customer activities, DCloud may reduce bandwidth capacity or suspend the Customer's services.
      • Use of services with content that is considered threatening, or indicates ethnicity, religion, race, and inter-group issues, or content protected by confidentiality and other trade provisions.
      • Use of services that support illegal activities and/or actions that are not in accordance with applicable laws and regulations in the Republic of Indonesia.
      • Use of services with material where copyright belongs to another party and is used without permission.
      • Use of services that damages the reputation of DCloud.
    • The Customer is prohibited from using services to violate the security or integrity of any network, computer or communication system, software application, or computing network or device (each, a "System"). Prohibited activities include:
      • Unauthorized Access, including accessing or using any System without permission, including attempting to probe, scan, or test System vulnerabilities or to breach any security or authentication measures used by a System.
      • Interception, namely monitoring data or system traffic without authorization.
      • Falsification of Origin. Relating to TCP-IP packet headers, email headers, or any part of a message that describes its origin or route. This prohibition does not include the use of aliases or anonymous email senders.
    • The Customer is prohibited from network abuse. Prohibited activities include:
      • Monitoring and/or crawling systems that may damage or disrupt monitoring and/or crawling activities.
      • Denial of Service (DoS) by overloading targets with continuous communication requests so the target cannot respond to legitimate traffic or responds so slowly that it is ineffective.
      • Intentional interference that disrupts system performance, including attempts to overload a system by mail bombing, news bombing, broadcast attacks, or flooding.
      • Operating certain network services with open networks such as proxies, bypassing network traffic schemes, VPNs outside the DCloud network, open mail relays, or opening recursive domain name servers.
      • Avoiding system checks manually or electronically to bypass any checks placed on a system, such as access and storage checks.
    • The Customer may not distribute, publish, send, or facilitate the sending of unsolicited bulk email messages, promotions, advertisements, or other requests (such as "spam"), including commercial advertising and informational announcements. The Customer will not alter or obscure email headers or accept sender identity without the sender's written permission. The Customer will not collect replies to messages sent from other internet service providers if those messages violate this Policy or the acceptable use policy of those providers.
    • If the Customer becomes aware of any violation of these T&C, the Customer must immediately notify DCloud and provide instructions to DCloud, as requested, to stop or remedy the violation. Reports of violations of these T&C are made via email to DCloud.
  • MONITORING TERMS APPLIED BY DCLOUD
    • The Customer will provide information or other materials related to Customer Content as reasonably requested by DCloud to verify that the Customer complies with all applicable terms. Therefore, DCloud may monitor external interfaces (e.g., ports) of Customer Content. The Customer will not block or interfere with the monitoring process, but the Customer may use encryption technology or firewalls to maintain the confidentiality of Customer Content. The Customer will cooperate with DCloud to identify the source of any problems that DCloud believes may affect Customer Content or materials received by end users controlled by the Customer.
    • DCloud has the right to investigate if there is a violation of these T&C or misuse of DCloud services or site; or to remove, disable access to, or modify any content or resources that violate these T&C or other agreements with the Customer for the use of DCloud services or site.
    • Report activities that, in DCloud's judgment, violate any law or regulation to law enforcement officials, regulators, or other appropriate third parties. Such reporting includes disclosure of relevant customer information. DCloud may, as required and/or pursuant to applicable laws in Indonesia, cooperate with appropriate law enforcement, regulators, or other third parties to assist in the investigation and prosecution of illegal conduct by providing network and system information related to suspected violations of this Policy.
  • INTELLECTUAL PROPERTY RIGHTS
    • Intellectual Property Rights related to the DCloud System and/or all computer programs, documentation and/or any other materials developed and/or owned by DCloud based on and/or in connection with these Services remain solely with DCloud.
    • Nothing in these terms and conditions shall be construed as a transfer, assignment, or waiver of intellectual property rights owned by the Parties before, during, and/or after the Services.
  • CONFIDENTIALITY
    • During the service period, the Parties acknowledge that confidentiality and ownership of technical and business information belonging to one Party may be disclosed to the other Party. Such information is considered highly confidential and the receiving Party is not permitted, directly or indirectly, to disclose such information to any third party without prior written consent from the owning Party, unless otherwise required by applicable law.
    • The provisions in this Article do not apply to any confidential information that:
      • Is in the public domain or becomes public domain not due to the receiving Party's fault;
      • Was already known by the receiving Party prior to receipt of such information; or
      • Is disclosed to the receiving Party by a third party without any confidentiality obligation to the disclosing Party; or
      • Is required to be disclosed for legal purposes, government regulations, or by court order.
  • DISPUTE RESOLUTION, GOVERNING LAW, AND JURISDICTION
    • The Customer agrees that the governing law for these T&C and other provisions related to DCloud Services is the law of the Republic of Indonesia.
    • If any dispute arises from the implementation of these Services, the Parties agree to resolve it through deliberation and consensus.
    • If it cannot be resolved by deliberation, the Parties agree to choose a fixed and unchangeable legal domicile and request settlement at the Clerk's Office of the South Jakarta District Court.

Ready to get started?

Create a free account or contact us to learn more.

Sign Up Now Contact Us