Financial - Sector Case Study
Real-World Implementation Analysis
Real-World Implementation Analysis
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The purpose of these general terms and conditions is to specify the conditions under which PT SYDECO grants the USER a right to use the SOFTWARE and HARDWARE delivered and ensures its maintenance, pursuant to a purchase order signed between PARTIES.
The term SOFTWARE includes any program created by PT SYDECO and which is made available to the user pursuant to a contract that allows him to use it for his own benefit or that of the natural or legal person designated in the purchase order or in any other contract or legal act that binds the parties and by which he receives this right. The term HARDWARE designates any physical medium used to host the software package(s) and which is delivered to the USER at the same time as the SOFTWARE. Included in this term are the case, server, all internal parts of the case or server, motherboard, hard drives and any other component that may be found there. The PARTIES are the natural or legal persons who signed the purchase order under which the USER received the right to use the HARDWARE and SOFTWARE belonging to PT SYDECO. The USER is the party who receives from PT SYDECO the right to use the SOFTWARE. This user license covers both the SOFTWARE and the HARDWARE.
PT SYDECO grants the USER a personal and non-exclusive right to use the SOFTWARE and HARDWARE for its own needs. For the execution of these general conditions, PT SYDECO grants the USER the right to use said SOFTWARE and its documentation within the limit of the number of workstations provided for in the purchase order. A workstation corresponds to a screen and a keyboard. The USER is responsible for ensuring compliance with these general conditions by its personnel and subcontractors. The right of use is granted for the duration of the intellectual property rights on the SOFTWARE and for the entire world.
In return for the license to use the SOFTWARE, the USER agrees to pay the price indicated in the purchase order on the date and time. The USER only has a right to use the SOFTWARE from the full payment of the user fee.
The warranty period extends for 36 months from the day the SOFTWARE is put into service or from its receipt by the USER or finally from the date specified in the order form. Only the earliest date will be used in calculating the starting point of the warranty. The HARDWARE warranty extends for 12 months from the delivery date. During this period, PT SYDECO guarantees the USER against any occurrence of anomalies, incidents, errors or malfunctions in relation to the specifications. A register of anomalies and a register of PT SYDECO interventions will be kept for this purpose. PT SYDECO undertakes to remedy, free of charge, the incident detected, identified and reproducible by the USER. However, the accommodation and travel expenses of the personnel that would prove necessary to remedy the incident will be reimbursed to PT SYDECO by the USER upon presentation of supporting documents. If the request for intervention is motivated by an incident not attributable to the SOFTWARE in its version provided by PT SYDECO, the latter will invoice, in addition to the accommodation and travel expenses, the time spent at the price in effect at PT SYDECO on the date of the intervention. At the end of the warranty period, a maintenance contract may be concluded between the PARTIES for a period of one (1) year. This maintenance will be renewed annually by tacit agreement, unless terminated by one of the PARTIES one (1) month before the annual deadline. The maintenance subscription gives rise to the payment of an annual fee at the rate in effect when the maintenance contract is signed or when said contract is renewed. Any service or assistance not provided for in the context of maintenance and/or this agreement must be the subject of an amendment.
The USER may terminate the maintenance services at their contractual expiry date with two (2) months' notice, by simple notification by registered letter with acknowledgement of receipt addressed to PT SYDECO.
In the event of a breach by one of the PARTIES of one or more of its obligations under these general terms and conditions, not remedied within twenty (20) calendar days from the sending of a registered letter with acknowledgement of receipt notifying said breach, the other PARTY may automatically terminate these general terms and conditions, without prejudice to any compensation that the latter may claim.
The USER may only use the SOFTWARE and HARDWARE for its own needs. As such, it is prohibited from granting sublicenses. The USER may not grant, even free of charge, the right of use to third parties.
The SOFTWARE may not be assigned, copied, cloned, duplicated, contributed or transferred without the written consent of PT SYDECO. PT SYDECO guarantees the USER against any infringement proceedings that may be brought against it, provided however that it is notified in writing and as soon as possible by the USER and that the SOFTWARE has not been modified by the USER. The license granted by PT SYDECO gives the USER the right to use the SOFTWARE PACKAGE belonging to PT SYDECO, on the hardware designated in the purchase order, which implies that:
It is expressly agreed that the rights granted by PT SYDECO cannot be transferred to a third party by the USER. The rights of use are not transferable, even in the event of transfer of the business, lease management, merger or any other operation at the end of which the USER's rights would be transferred to a third party.
The USER must use the equipment and programs (SOFTWARE) as a good father and according to the use for which they are intended. The use of the SOFTWARE on any other equipment, even if operated by the USER, is prohibited. Any modification of the equipment or additional installation to the equipment delivered must be subject to prior written agreement from PT SYDECO. Any transfer of the SOFTWARE to a site not belonging to the USER or to equipment other than that provided by PT SYDECO must be subject to prior written agreement from PT SYDECO, which reserves the right to refuse the transfer.
The SOFTWARE is part of the manufacturing secrets and know-how of PT SYDECO and must be considered by the USER as confidential information, whether or not it can be protected by an intellectual property right, patent, copyright, or in another way. As such, the USER is prohibited from communicating the SOFTWARE in its source or executable versions as well as the programs and other elements (documentation, etc.) constituting all or part of the software. The USER also undertakes to take all necessary measures to ensure that the SOFTWARE and its documentation are not made available to third parties and undertakes that its collaborators, or its staff, respect these obligations and the copyright of PT SYDECO. The USER undertakes to take all necessary precautions to avoid disclosure or reproduction or illicit use by its personnel and/or service providers, in particular by having the latter sign a personal confidentiality agreement. The USER undertakes not to use the specifications of the SOFTWARE PACKAGE to create or allow the creation of a program with the same purpose. By express agreement, PT SYDECO is authorized to verify compliance with these obligations at any time. In the event that the USER does not comply with the obligations mentioned in this article, PT SYDECO reserves the right to claim compensation from the USER in an amount equal to two (2) times the price paid by the USER and which appears on the order form.
The USER undertakes not to make any changes to the elements provided by PT SYDECO, without the prior written consent of the latter. Failure to comply with this clause will result in the USER being deprived of the benefit of the warranty and maintenance without the USER being able to claim any compensation as a result.
PT SYDECO is subject to an obligation of means, to the exclusion of all others. It guarantees the conformity of the SOFTWARE to the specifications described in its documentation. The USER assumes all responsibilities other than that of conformity of the SOFTWARE to the specifications and in particular those concerning:
The USER is, in addition, responsible for the protection of the recorded data and the repair of the databases, the results obtained, the conformity of the use of the SOFTWARE to the legislation. PT SYDECO disclaims all liability in the event of non-conformity of the SOFTWARE to the regulations in force during a given period if the maintenance services are not ordered for this period. It is the USER's responsibility to develop operating procedures and to set up appropriate control points and security mechanisms for saving and restoring data in the event of anomalies in the running of the programs. The USER alone assumes any malfunctions and damages due to a modification of the SOFTWARE PACKAGE, even minimal, carried out with or without the authorization of PT SYDECO. The USER expressly acknowledges having received from PT SYDECO all the necessary information allowing him to assess the suitability of the SOFTWARE PACKAGE to his needs and to take all useful precautions for its implementation and operation. PT SYDECO will not be required under any circumstances to repair any direct or indirect damages, even if it has been informed of such damages. The USER will be solely responsible for the use of the SOFTWARE PACKAGE. The PARTIES will not be liable for indirect damages suffered by the other PARTY. The liability of a PARTY for any direct damage suffered by the other PARTY under these general terms and conditions is capped at one (1) time the price paid by the USER and which appears on the purchase order.
The purchase order and these general terms and conditions are subject to Indonesian law. Any dispute relating to the interpretation or execution of the purchase order and these general terms and conditions will be submitted to the competent courts of Yogyakarta.
The purchase order(s) and these general terms and conditions express the entirety of the obligations of the PARTIES. No document may give rise to obligations under this purchase order if it is not the subject of an amendment signed by the PARTIES. If one or more provisions of a purchase order or the general terms and conditions are held to be invalid by a law or regulation, or declared as such by a final decision of a competent court, they will be deemed unwritten, the other provisions of this purchase order and/or these general terms and conditions will retain their full force and scope.
The PARTIES elect domicile, unless expressly agreed by mutual agreement, at the addresses of their respective headquarters or domicile as indicated in the purchase order.
This purchase order is an offer by the company identified on the face of this purchase order (the
"Buyer") for the purchase of the goods (the "Goods") or/and services (the "Services") specified,
from PT SYDECO (the "Seller") in accordance with and subject to these terms and conditions
(the "Terms"; together with the terms and conditions on the face of the purchase order, the
"Order"). This Order, together with any documents incorporated herein by reference, constitutes
the sole and entire agreement of the parties with respect to the Order and supersedes all prior or
contemporaneous understandings, agreements, negotiations, representations and warranties, and
communications, both written and oral, with respect to the subject matter of the Order, unless a
separate overriding written contract has been entered into and signed by the parties.
By ordering one or more products from PT SYDECO, the customer expressly and without any
reservation acknowledges having read and accepted the terms of the user license agreement to
which the use of such goods is subject.
Unless otherwise indicated in the special conditions all prices and fees are exclusive of any
applicable taxes of any kind whatsoever, including, but not limited to, sales/use taxes, transaction
privilege taxes, gross receipts, taxes, and other charges such as duties, customs, tariffs, imposts,
and government imposed surcharges now or hereafter imposed on the sale, import or export of
the Products or Services ("Transaction Taxes").
Transaction Taxes shall be stated separately on SYDECO's invoice. They will be supported
exclusively by the buyer.
The price of the Goods or Services is the price stated on the face of this Order (the "Price"). This
price has to be paid according the terms and conditions stated in this present Order form and / or
in the invoice issued in virtue of this Order form.
For HARDWARE:
Unless otherwise stated in the Order, Buyer shall pay all properly invoiced amounts due to PT
SYDECO within eight (8) days after receipt of such invoice.
Any payment made out of time will automatically and without prior notice result in penalty of 2
% per month of delay calculated on the amount that is due.
Should the delay in the payment of the Product or the Service exceed 2 months, the use of the
Product will be suspended. Should the delay in the payment exceed 3 months, all sums
remaining due on the payment of the product will become due immediately and the use of the
product will be definitively stopped, the sums paid for the Product and the Service until that time
will remain acquired to SYDECO.
For Software:
Price has to be fully paid before delivery / downloaded.
Unless otherwise stated in the Order, PT SYDECO shall deliver the Goods and/or perform the
Services at the delivery point (the "Deliver Location"), at the expenses of the Buyer, and on the
date(s) specified in this Order (the "Delivery Date"). The delivery date specified in the purchase
order is only given as an estimate. A delay in the delivery can in no case be a source of penalty
and can not in any case result in the cancellation of the Order.
If no delivery date is specified, PT SYDECO shall deliver in full within a reasonable time of
receipt of the Order.
PT SYDECO makes the following warranties regarding Product(s) and Service(s) furnished hereunder, which warranties shall survive any delivery, inspection, acceptance, or payment.
If PT SYDECO breaches any of the foregoing warranties, or Product(s) are otherwise defective or non-conforming, after Buyer's acceptance of Product(s), PT SYDECO shall promptly repair, replace, or refund the amount paid for such Product(s).
All Product(s) shall be prepared for shipment in a manner that it follows good commercial
practice and is acceptable to common carriers for shipment.
If Product(s) have to be shipped, the transfer of property and of risk is made at the time Products
are leaving PT SYDECO premises even if their price has not been paid yet. At that moment, title
and risk of loss shall pass to Buyer.
Neither party will be liable for any delay in performing, or for failing to perform, its obligations
under this Purchase Order due to causes beyond its reasonable control such as acts of God, fire,
theft, war, riot or civil disturbances, terrorism, embargoes or acts of civil or military authorities.
If delivery of Product(s) or Services(s) is to be delayed by such contingencies, PT SYDECO
shall immediately notify Buyer in writing and will make every effort to execute as soon as such
contingencies have come to an end.
The intellectual property of Product(s) belongs to PT SYDECO. Under no circumstances does
the sale of Product(s) transfer the intellectual property that SYDECO has on this product.
Through the contract that is formed between parties, SYDECO sells the material product but
remains the owner of intellectual rights that SYDECO has on this product. SYDECO only
confers a right to use the product under a license that the contract grants to the buyer.
SYDECO's obligation for all hardware matters is an obligation of result. In case of any problem,
SYDECO has the choice between repairing and exchanging the hardware.
SYDECO's obligation with regard to software is an obligation of means. In the event of a
problem in the use of the software, SYDECO can be held liable for any loss only if the user
provides irrefutable proof that the damage incurred is due solely to a faulty breach of SYDECO.
Under no circumstances is SYDECO liable for any indirect, special, incidental, punitive or
consequential damages, or damages for loss of profits, loss of goodwill, or loss of personnel
salaries in connection with this Agreement.
SYDECO's liability for direct damages shall be limited to the fees paid for a maximum of one
year for the Product or Service giving rise to the claim under the applicable Purchase Order.
SYDECO is in no way responsible for damages that the product may cause if the product is
misused or if the Box is open.
All non-public, confidential or proprietary information of SYDECO, including, but not limited to, specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, pricing, discounts or rebates, disclosed by SYDECO to Buyer, whether disclosed orally or disclosed or accessed in written, electronic, or other form or media, and whether or not marked, designated or otherwise identified as "confidential," in connection with the Order is confidential, solely for the use of performing the Order and may not be disclosed or copied unless authorized by SYDECO in writing. This Section shall not apply to information that is: (a) in the public domain; (b) rightfully and legally known to the Buyer at the time of disclosure; or (c) rightfully and legally obtained by the Buyer on a non-confidential basis from a third party.
All matters arising out of or relating to this Order shall be exclusively governed by and construed in accordance with the laws of Indonesia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of courts and the courts of appeal of Yogyakarta.
From the second year onward, updates and remote assistance will be available at an annual cost of 20% of the initial purchase price.
| Product | Base Price | Approx. EUR |
|---|---|---|
| Plug-in | Login to see price | € 875 |
| Guard | Login to see price | € 750 |
| Advanced | Login to see price | € 1125 |
| IP Count | Tier | Surcharge | Plug-in | Guard | Advanced |
|---|---|---|---|---|---|
| 11-50 | Tier B | +3% | Login to see | Login to see | Login to see |
| 51-100 | Tier C | +30% | Login to see | Login to see | Login to see |
| 101-200 | Tier D | +50% | Login to see | Login to see | Login to see |
| 200+ | Enterprise | Custom | Login to see | Login to see | Login to see |
| Client Type | Product | IP Count | Final Price |
|---|---|---|---|
| Small startup | Plug-in | 6 | Login to see price |
| Medium business | Guard | 40 | Login to see price |
| Legal firm | Advanced | 85 | Login to see price |
| Public university | Advanced | 130 | Login to see price |
| Government agency | Guard | 300 | Login to see details |