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Terms & Condition

Terms and Conditions of smartfren Prepaid

By using smartfren’s prepaid telecommunication services and every service used through prepaid smartfren card, you (“Customer”) agreed to be bound by, to conform with and to carry out all terms and conditions of smartfren prepaid telecommunication services subscription includes every amendments, addendum, and/or modifications thereto from time to time (“Subscription Terms”) as set out herein below:

  1. XLSMART” means PT XLSMART Telecom Sejahtera Tbk.
  2. smartfren” means one of the trademarks owned by XLSMART.
  3. Services” means prepaid telecommunication services provided by XLSMART to Customers from time to time.
  4. smartfren Number” means smartfren’s prepaid number, which is selected at the time of registration and useable for the Customer to enjoy the Services.
  5. Customer Care” means (a) 24-hour smartfren’s customer care services/call center, by dialing 888 from smartfren Number or 08811223344 from non-smartfren Number, or (b) email to customercare@smartfren.com, or (c) through other features/tools available to the Customer on smartfren platform, or (d) can go directly to smartfren galleries.
  6. Active Period” means the active period of the smartfren prepaid card as determined by XLSMART.
  7. ” or “1-way Block” means a condition where the Customer is unable to make outgoing calls/telephone calls, sending short message services (SMS) and use data/internet access services, however Customer may still able to receive incoming calls, SMS, and other telecommunication services which are free of charge.
  8. Waiting Period” or “” or “2-way Blocking” means a condition where the Customer is unable to make and receive calls, SMS, and use data/internet access services temporarily.
  9. Deactivation” or “Termination” means a condition where the Customer unable to enjoy Services permanently.
  10. Credit” means a unit for calculating the cost of using the Credit balances on smartfren prepaid card are are not a substitute for rupiah currency.
  1. These Subscription Terms are valid as a binding agreement on the Customer and shall be in effect continuously until terminated in accordance with these Subscription Terms.
  2. To be able to enjoy the Services, the Customer must carry out prior activation/registration data for the Customer’s smartfren Number with the following mechanism: (a) sending personal data via SMS to number 4444, or (b)_calling Customer Service, or (c) through the menu of Customer Service on smartfren.com (“smartfren Website”), or (d) other mechanisms available to the Customer.
  1. The Customer represents and warrants that:
    • Customer is a capable and authorized party in accordance with the applicable regulations/laws in Indonesia to use the Services and implement these Subscription Terms;
    • All information, description, data submitted by the Customer at the time of registration is true, accurate, and Customer has the right to provide it to XLSMART. All copies/copies of personal identitication and any other documents (if any) provided by Customer are true and in accordance with the originals;
    • Customers is required to always comply with, fulfill and agree to comply with and bind themselves to each of these Subscription Terms and the terms and conditions of each service as available on the smartfren Website;
    • The usage of smartfren Number and the Services shall only for the benefit of Customer and shall be in conformity with these Subscription Terms, terms and conditions of each service, the provision of applicable regulations/laws and norms that apply in Indonesia from time to time;
    • will not use the smartfren Number and the Services as a means/facility for activities/action that are [suspected] violating the provision of applicable regulations/laws and/or harming to smartfren or XLSMART;
    • The Customer shall release and discharge XLSMART including any directors, commissioners, employees, shareholders, affiliates, and vendors/business partners of XLSMART from all demands, lawsuits, claims, costs (including at’orneys’ fees), and/or compensation from any party (including the Customer) and in any way related to:
      • failure to functions, errors, omissions, interruptions, defects, delays on transmissions,disconnection of telecommunication networks or any specific result from the usage and/or the incapability to take advantage of one or more Service; or
      • the Customer violation/negligence to fulfill one or more of the Subscription Terms herein; or
      • it had occurred, or indicatively suspected of misuse/abuse of smartfren Number or Services, use of telecommunication device (device), that lead to a physical damage, illness, health risks or any other damages that afflict the Customer or other parties; or
      • act of renewal/modification, suspension and/or termination of one or more Services performed by XLSMART under these Subscription Terms.
    • The Customer has read, understood, and agreed to all the terms and conditions as stated in these Subscription Terms.
  1. The smartfren Number belonging to XLSMART and XLSMART grants its permission to the Customer to use the smartfren Number subject to the Customer’s compliance with these Subscription Terms.
  2. Should the prepaid smartfren starter pack is not activated until it has expiredthen (i) theprepaid smartfren starter pack cannot be activated and all Credit balances printed on the prepaidsmartfren starter pack (if any) will be lost;(ii) the Customer cannot request a replacement for the prepaid smartfren starter pack.
  3. The Customer may apply for the re-use of prepaid smartfren numbers that have been deactivated provided that (i) the numbers have not been used by other customers; and (ii) subject to XLSMART policies that apply from time to time, including charging a fee to the C
  4. The Customer is solely responsible for the usage of smartfren Number and the Services, including but not limited to any consequences/risks of the usage of smartfren Number by third parties irresponsibly.
  5. The Customer must immediately report to the Customer Service if the prepaid smartfren card has been lost or stolen for blocking. Loss of Credit limit on the Customer’s damaged or lost prepaid smartfren card before blocking is entirely at the Customer’s risk.
  6. The Customer may visit the nearest smartfren gallery to submit a replacement for the lost or damaged prepaid smartfren card accompanied with a valid Customer identity card according to the data recorded at the time of registration or other documents requested by XLSMART (if any), subject to the applicable policies at XLSMART from time to time (including imposing fees related to the card replacement).
  7. The Customer may transfers its rights to use of the smartfren Number to another party subject to the applicable policies at XLSMART from time to time. For the avoidance of doubt, XLSMART has the solely and unquestionable right to approve or disapprove the transfer of rights to the use of the smartfren Number submitted by the Customer. The Customer remains solely responsible for all consequences of the transfer/use of the smartfren Number that is still registered in the Customer’s name.
  8. In the event that the Customer’s smartfren Number has been permanently blocked or terminated, XLSMART has the right to reuse the said smartfren Number for other customer.
  1. XLSMART will provide Services in accordance with the capabilities of the telecommunications facilities it operates and as long as the XLSMART network or networks of other operators that collaborate with XLSMART is available.
  2. In order to maintain and/or improve the Service quality, XLSMART from time to time may perform maintenance or repair of telecommunication networks, either routinely or incidentally. XLSMART will endeavor to ensure that the maintenance or repair does not reduce the quality of Services.
  3. Given the nature and technology of cellular telecommunications networks, there are several things that can cause variations in the level of Services, including but not limited to:
    • network coverage (coverage area) at the Customer’s location;
    • geographic conditions at the Customer’s location; and
    • the structure and/or location of the building where the Customer uses the Services; and
    • weather conditions.
  4. The quality of the Services may experience a decrease in the event of other circumstances that are beyond XLSMART’s reasonable control (force majeure).
  1. The Customer agrees to pay in full all fees incurred in connection with the use of the Services in accordance with the rates provisions in force at the time of the usage is made. The tariff of the Services usage will be deducted directly from the prepaid deposit balance (Credit).
  2. In order to the continuity of the enjoyment Services by the Customer, the Customer is expected to always ensure its smartfren Number has sufficient prepaid deposit balance (Credit) and the prepaid smartfren card is in active condition.
  3. The Customer may find out information concerning its prepaid deposit balance (Credit), the validity period of its Credits balance, and the amount bills of the usage by contacting Customer Service or by pressing the *999# button (directly from the Customer’s device) or via SMS typing CEK send to 999 (from the smartfren number the Customer uses).
 To maintain continuity of the Services, Customer must top-up Credit balance before the expiry of Active Period. Furthermore, the valid Active Period follows the active period per denomination of the Credit selected by the Customer.
Grace Period, Suspend or Deactivation will be applied to the Customer smartfren’s Number with the following conditions:
  1. Grace Period. Period when the Customer neglects/fails to top-up until the expiry of the Active Period. This Grace Period is valid for 30 (thirty) days from the expiry of the Active Period or until the Customer top up the Credit, whichever occurs first.
  2. Waiting Period/Suspend. Period when the Customer still does not make a top-up of the Credit balance until the end of the Grace Period. This period is valid for 150 (one hundred fifty) days or until the Customer top-up for a minimum amount of IDR 5,000 (five thousand Rupiah), whichever accurs first. During this period, the remaining balance of the Customer’s Credit becomes forfeited.
  3. Deactivation/Termination. Period when the Customer still does not top-up the prepaid Credit balance until the end of the Waiting Period. In this condition, the Customer is no longer able to permanently use the Customer smartfren Number.
  1. XLSMART has the right to unilaterally suspend or block or terminate the provision of the Services and/or these Subscription Terms, including terminate the Customer’s smartfren Number, if there is (suspected to be) one or more of the following events occurs:
    • the information submitted or provided by the Customer to XLSMART is incorrect/inaccurate/misleading; or
    • the Customer is proven or suspected violating a law/regulation or breach one or more of these Subscription Terms; or
    • the Customer fails to fulfill any obligation as set out in these Subscription Terms; or
    • a force majeure event occurs for more than 3 (three) months consecutively; or
    • there is an official request/order from any relevant government authority; or
    • XLSMART detect or suspect that there is early abuse/irregularity/suspicious indications on the usage of the smartfren Number or Services, including the usage of Services beyond the normal limits; or
    • XLSMART no longer carrying out the business/operations of one or more Services with certain consideration(s) or required under prevailing law and regulation in Indonesia territory; or
    • there is technical breakdown or interference, repairs, modification, or maintenance on the XLSMART’s server and/or network; or
    • the Customer have passed away, filed for bankruptcy, liquidated, put under the supervision of the curator or under surveillance; or
    • if the Customer still does not top-up Credit until the end of the Waiting Period (Suspend); or
    • With certain reasonable considerations, the Customer or XLSMART terminates the Subscription Terms.
  2. In connection with the termination of these Subscription Terms, XLSMART and the Customer agree to waive the provisions of paragraphs (2) and (3) of article 1266 of the Indonesian Civil Code (KUHPerdata).
  1. Failure to perform or postpone the implementation of a part or a whole of the obligations under these Subscription Terms by XLSMART, shall not be considered as a violation if it occurs due to circumstances beyond XLSMART’s reasonable control (force majeure), including but not limited to:
    • natural disasters; or
    • event of wildfire, strike, war, riot, rebellion or other military action; or
    • authority actions that affect the continuation of the implementation of the Services; or
    • third party actions that cause XLSMART unable to provide part or whole Services; or
    • interference/disturbance/damage to the telecommunications server/network that is not caused by XLSMART’s negligence;
    • enactment of policy from the government authorities that affects the continuation of the Service or the apply of rates.
  2. The Customer agrees to provide XLSMART with the approval and authority using these Subscription Terms and any modification, addition or updates thereof, including records, information or data related to the Customer in any form that XLSMART obtained from the Customer for XLSMART’s needs and benefits, and related to the solicitation of product/service offers from other parties that collaborates with XLSMART or related to the customer loyalty programs.
  3. The Customer agrees and has no objection to receive the offers information and/or the products/services/marketing programs from XLSMART and/or from other parties that collaborates with XLSMART.
  4. XLSMART may at any time hold a promotion activity (“Promo”) with different terms and conditions for each Promo activity. The Customer is encouraged to read each detailed terms and conditions of each Promo.
  5. XLSMART has the rights to update the Services at any time, including changes and adjustments to type packages of the Services, benefits and/or other derivative services contained in the Services, with considerations, including but not limited to: (a) no longer in accordance with the latest developments and technologies; (b) is no longer in use and will be transferred to similar Services; and (c) other considerations. Unless otherwise specified by XLSMART and while still paying attention to the Customer’s rights as a consumer, the update of the Service will have an impact on the transfer of the Service that the Customer is using.
  6. These Subscription Terms contain general terms and conditions for all smartfren prepaid More specific terms and conditions for each Services can be seen on the smartfren Website.
  7. These Subscription Terms are subject to, governed and interpreted according to the laws of the Republic of Indonesia. If XLSMART and Customer are unable to resolve the dispute amicably, XLSMART and the Customer agree to settle the dispute to the court and for this purpose, both parties hereby choose the common and permanent legal domicile, in the Office of the Registrar of the District Court where XLSMART is domiciled.
  8. The Customer is encouraged to always visit this page to understand the updates of these Subscription Terms.

Terms and Conditions of smartfren ELITE

By using smartfren ELITE telecommunication services and every service used through ELITE smartfren card, you (“Customer”) agrees to be bound by, to conform with and to carry out all terms and conditions of smartfren ELITE telecommunication services subscription includes every amendments, addendum, and/or modifications thereto from time to time ("Subscription Terms") as set out herein below:

  1. “XLSMART” means PT XLSMART Telecom Sejahtera Tbk.
  2. smartfren” means one of the trademarks owned by XLSMART.
  3. Services” means the services or postpaid smartfren telecommunication services provided by XLSMART to the Customer from time to time.
  4. smartfren Number” means smartfren ELITE’s number, which is selected at the time of registration and useable for the Customer to enjoy the Services.
  5. Customer Care” means (a) 24-hour smartfren’s customer care services/call center, by dialing 888 from smartfren Number or 08811223344 from non-smartfren Number, or (b) email to customercare@smartfren.com, or (c) through other features/tools available to the Customer on the smartfren platform, or (d) can go directly to the smartfren gallery.
  1. These Subscription Terms apply as a binding agreement with the Customer and will continue to apply until terminated in accordance with these Subscription Terms.
  2. The Customer represents and warrants:
    • Customer is a capable and authorized party in accordance with the applicable laws/regulations in Indonesia, to use the Service and implement these Subscription Terms;
    • All information, descriptions, data submitted by the Customer at the time of registration are true, accurate, and Customer has the right to provide it to XLSMART. All copies/copies of personal identification and any other documents provided by the Customer are true and in accordance with the originals;
    • Customer is required to always comply with, fulfill and agree to submit and bind themselves to each of these Subscription Terms, and the terms and conditions of each service as available on smartfren.com (“smartfren Website”);
    • The usage of smartfren Number and the Services shall only for the benefit of Customer and shall be in conformity with these Subscription Terms, the terms and conditions of each service, the provision of applicable regulations/laws and norms in Indonesia from time to time;
    • Will not use the smartfren Number and the Services as a means/facility for activities/activities that are [suspected] violating the provision of applicable regulations/laws and/or causing harm to smartfren or XLSMART;
    • The Customer shall release and discharge XLSMART including any directors, commissioners, employees, shareholders, affiliates, and vendors/business partners of XLSMART from all demands, lawsuits, claims, costs (including attorneys’ fees), and/or compensation from any party (including the Customer) and in any form related to:
      • failure to functions, errors, omissions, interruptions, defects, delays on transmissions, disconnection of telecommunication networks or any specific result from the usage and/or the incapability to take advantage of one or more service; or
      • the Customer violation/negligence to fulfill one or more of the Subscription Terms herein, or
      • it had occurred, or indicatively suspected of misuse/abuse of smartfren Number or Services, use of telecommunication device (device) that lead to a physical damage, illness, health risks or any other damages that afflict the Customer or other parties, or
      • any delay/negligence/failure/debit errors made by the bank or payment service provider; or
      • act of renewal/modification, suspension and/or termination of one or more Services performed by XLSMART under these Subscription Terms.
    • The Customer has read, understood, and agreed to all the provisions as set out in these Subscription Terms.
  1. The smartfren Number belonging to XLSMART, and XLSMART grants its permission to the Customer to use the smartfren Number subject to the Customer compliance to these Subscription Terms.
  2. The Customers are solely responsible for the usage of smartfren Number and the Services, including but not limited to the obligation to pay off all bills that arise, as well as any consequences/risks of the usage of smartfren Number by third parties irresponsibly.
  3. The Customer must immediately report to the Customer Care or visiting the nearest smartfren gallery if the smartrfren card has been lost or stolen in order to block the smartfren Number. Loss of Credit limit on the Customer’s damaged or lost smartfren card before blocking is entirely at the Customer’s risk.
  4. The Customer may visit the nearest smartfren gallery to submit a replacement for the lost or damaged smartfren card accompanied with a valid Customer identity card according to the data recorded at the time of registration or other documents requested by XLSMART (if any) subject to the applicable policies at XLSMART from time to time.
  5. XLSMART at its sole discretion, has the right to replace the damaged or malfunctioning or lost smartfren card and charge the Customer with administration fees and replacement costs for the smartfren card.
  6. The Customer may transfer its right to use of the smartfren Number to another party subject to the applicable policies at XLSMART from time to time. For the avoidance of doubt, XLSMART has the unquestionable right to approve or disapprove the transfer of rights to the use of the smartfren Number submitted by the Customer. The Customer remains solely responsible for all consequences of the transfer/use of the smartfren Number that is still registered in the Customer’s name.
  7. In the event that the Customer’s smartfren Number has been permanently blocked or terminated, XLSMART has the right to reuse the said smartfren Number for other customer.
  1. XLSMART will provide Services in accordance with the capabilities of the telecommunications facilities it operates and as long as the XLSMART network or networks owned by other operators that collaborate with XLSMART is available. For subscription packages with a certain minimum subscription period (“Subscription Packages”) and/or additional services provided by third parties, the Customer acknowledges and agrees to:
    • repair of damage to telecommunications equipment (“Device”) refers to the terms of the Device warranty from the relevant manufacturers;
    • loss/misuse of the Device is entirely at the Customer’s risk;
    • damage to the Device/during Device repair cannot be used as an excuse by the Customer to be refuse or delay payment of the bill;
    • the provision of third-party services will be available as long as the collaboration between XLSMART and the third party is still ongoing.
  2. In order to maintain and/or improve the Service quality, XLSMART from time to time may perform maintenance or repair of telecommunication networks, either periodically or incidentally. XLSMART will endeavor to ensure that the maintenance or repair does not reduce the quality of Services.
  3. Considering the nature and technology of the cellular telecommunications network, there are certain conditions that may cause variations in the level of Services, including but not limited to:
    • network coverage (coverage area) at the Customer’s location;
    • geographic conditions at Customer’s location;
    • the structure and/or location of the building where the Customer uses the Services; and
    • weather conditions.
  4. The quality of the Services may decrease in the event of other circumstances which are beyond XLSMART’s reasonable control (force majeure).
  1. The Customer agrees to pay all fees for using the Services, in accordance with the XLSMART applicable rates provisions from time to time. Should any difference the billing amount between the Customer’s billing statement and the smartfren system, then the billing amount recorded on smartfren system will prevail.
  2. For Subscription Packages, the Customer agrees to pay the bill every month for the minimum monthly usage (“Minkom”) according to the chosen package. If the Customer’s usage exceeds Minkom, the Customer agrees to pay according to the amount of usage/fees listed on the bill. After the expiration of the minimum subscription period for the Subscription Package (“Contract Period”), then: (a) if the Customer does not apply for the termination of the Subscription Package, the selected package will be automatically renewed every month (auto renewal); (b) The Customer may changes the package by contacting Customer Care.
  3. The Customer agrees to pay all bills in full no later than the billing due date of each month. Customer will be charged for bills request in hardcopy form. The Customer may find out the billing amount by contacting Customer Care or pressing the *999# button from the Customer’s telephone/device (smartfren Number). The Customer is still obliged to pay the bill despite not having had received a billing statement.
  4. The Customer can make payments through the following:
    • Cash or transfer according to the payment locket or account written on the billing statement;
    • Auto debit from the Customer’s bank account or credit card;
    • Any other payment method available for the Customer in the future.
  5. Should the Customer fails to make payments according to the billing amount or the payment due date, XLSMART has the right to impose fines and/or carry out actions deemed necessary, including legal action against the Customer for the purpose of obtaining payment bill in full for:
    • all fees owed by the Customer;
    • all losses suffered by XLSMART;
    • any and all costs that have been incurred by XLSMART in seeking the implementation of the said bill payment.
  6. For the auto debit payment method through the credit card or bank account:
    • The Customer is obliged to inform any change in the bank account or credit card number includes among others to the expiration of the credit card or change of the Customer’s address must be notified to XLSMART no later than 2 (two) weeks prior to the change of bank account or credit card number, change of address, or expiration of the credit card becomes effective,
    • Should the said credit card issuer or bank under any circumstances does not or fails to make a debit, the Customer is required to pay the bill directly to account listed on the bill statement,
    • the Customer acknowledges and agrees, from time to time, XLSMART has the right to appoint a different bank to carry out the auto debit process for the account or credit card Customer. The Customer grants XLSMART the right, approval, and power to transfer the Customer’s credit card payment system to auto pay to the credit card issuer, including but not limited to changes in credit card or credit card numbers or credit card validity periods.
  7. The Customer’s obligation to make payments for the Service fees has been fulfilled after the payment funds are received by XLSMART or received in XLSMART’s bank account (good funds).
  8. The blocking action conducted by XLSMART for whatever reason, does not reduce or eliminate the Customer’s obligation to continue to pay bills owed to XLSMART at once.
  9. Customer hereby grants its consent to XLSMART to deduct the Customer’s deposit as a fulfillment of the Customer’s outstanding payment bill, without reducing the Customer’s obligation to continue to pay off the remaining payment if the Customer’s deposit is insufficient. The remaining deposit will be returned to the Customer after the Customer requests to unsubscribe through the smartfren gallery. A deposit refund application (if any) can be made starting from the time the Customer requests to unsubscribe from Services up to the following 1 (one) year. To the extent permitted by applicable law, if the Customer does not submit a deposit refund during the 1 (one) year period, the Customer agrees to waive his rights in connection with the withdrawal of the said deposit and therefore the deposit will be forfeited and no longer refundable. The time limit for the refund deposit process to the Customer is 15 (fifteen) working days from the receipt of the written request for a refund deposit by XLSMART and all requirements have been fulfilled and no outstanding payment bill. The bank transfer cost for such deposit refund (if any) shall fully borne by the Customer.
 
  1. XLSMART has the right to unilaterally suspend or block or terminate the provision of the Services and/or these Subscription Terms, including terminate the Customer’s smartfren Number, if there is (suspected to be) one or more of the following events occured:
    • the information submitted or provided by the Customer to XLSMART is incorrect/inaccurate/misleading; or
    • the Customer is proven or suspected violating a law/regulation or breach one or more of these Subscription Terms; or
    • the Customer fails to fulfill any obligation as set out in these Subscription Terms; or
    • a force majeure event occurs for more than 3 (three) months consecutively; or
    • there is an official request/order from any relevant government authority; or
    • XLSMART detect or suspect that there is early abuse/irregularity/suspicious indications on the usage of the smartfren Number or Services, including the usage of Telecommunication Services beyond the normal limits; or
    • XLSMART no longer carrying out the business/operations of one or more Services with certain consideration(s) or required under prevailing law and regulation in Indonesia territory; or
    • there is technical breakdown or interference, repairs, modification, or maintenance on the server and/or XLSMART ‘s network; or
    • any technical interference to the server and/or XLSMART’s network; or
    • the Customer have passed away, filed for bankruptcy, liquidated, put under the supervision of the curator or under surveillance; or
    • if one of the smartfren Number registered under the Customer’s name has an outstanding bill; or
    • the Customer does not pass the verification/validation and survey conducted by XLSMART.
  2. The Customer may unsubscribe the Services, provided that:
    • The Customer is required to visit the nearest smartfren gallery and pay all remaining bills (if any), both those that have been printed (billed) and those that have not been printed (unbilled),
    • Should the Customer activates international roaming services, the submission of an application to unsubscribe from Services can be made at least 100 (one hundred) calendar days after the deactivation of international roaming services.
  3. Should the Customer does not pass the data validation and survey stages, the Customer still able to enjoy the Services for the next 30 (thirty) days from the registration/activation date in the amount of the up-front payment. After the end of the said 30 (thirty) days, Customer’s smartren Number will be blocked/terminated. If the said period of 30 (thirty) days exceeds the billing cycle date, the Customer is subject to a minimum payment according to the chosen package.
  4. Should the termination of the Services is due to whatsoever reason:
    • the Customer agrees and authorizes XLSMART to deduct the Customer deposit according to the billing amount which becomes the Customer’s obligation, both printed (billed) or unprinted (unbilled). The Customer is still required to make payments to XLSMART at the time determined by XLSMART, if the deposit amount is insufficient to pay the Customer’s bill.
    • all outstanding bills shall be paid immediately and at once by the Customer or his successor/heirs.
  5. Termination of these Subscription Terms does not eliminate the Customer’s outstanding obligations. These Subscription Terms will continue enforce and binding to the Customer until all of the Customer’s obligations to XLSMART are fulfilled, including the payment of fines and penalties (if any).
  6. Should the Customer terminate the Subscription Package prior to the expiration of the Contract Period for any reason, the Customer agrees to be imposed to a penalty according to the chosen package and the Customer is still required to pay the Minkom arising prior to the termination of the Subscription Package becomes effective.
  7. In connection with the termination of these Subscription Terms, XLSMART and the Customer agree to waive the provisions of second and third paragraphs of Article 1266 of the Indonesian Civil Code (KUHPerdata).
 
  1. Failure to perform or postpone the implementation of a part or a whole of the obligations under these Subscription Terms by XLSMART, shall not be considered as a violation if it occurs due to circumstances beyond XLSMART ‘s reasonable control (force majeure), including but not limited to:
    • natural disasters; or
    • event of wildfire, strike, war, riot, rebellion or other military action; or
    • authority actions that affect the continuation of the implementation of the Services; or
    • third party actions that cause XLSMART unable to provide part or whole Services; or
    • interference/disturbance/damage to the telecommunications server/network that is not caused by XLSMART’s negligence;
    • enactment of policy from the government authorities that affects the continuation of the Telecommunication Service or the apply of rates.
  2. The Customer agrees to provide XLSMART with the approval and authority using these Subscription Terms and any modification, addition or updates thereof, including records, information or data related to the Customer in any form that XLSMART obtained from the Customer for XLSMART’s needs and benefits, and related to the solicitation of product/service offers from other parties that collaborates with XLSMART or related to the customer loyalty programs.
  3. The Customer agrees and has no objection to receive the information of offers and/or the products/services/marketing programs from XLSMART and/or from other parties that collaborates with XLSMART.
  4. XLSMART may at any time hold a promotion activity (“Promo”) with different terms and conditions for each Promo. The Customer is encouraged to read each detailed Terms and Conditions for each Promo.
  5. XLSMART has the rights to update the Services at any time, including changes and adjustments to type packages of the Services, benefits and/or other derivative services contained in the Services, with considerations, including but not limited to: (a) no longer in accordance with the latest developments and technologies; (b) is no longer in use and will be transferred to similar Services; and (c) other considerations. Unless otherwise specified by XLSMART and by observing the Customer’s rights as a consumer, the update of the Service will have an impact on the transfer of the Service that the Customer is using.
  6. These Subscription Terms contain general terms and conditions for all smartfren ELITE customers. More specific terms and conditions for each Service can be seen on the smartfren Website.
  7. These Subscription Terms are subject to, governed and interpreted according to the laws of the Republic of Indonesia. If XLSMART and Customer are unable to resolve the dispute amicably, XLSMART and the Customer agree to settle the dispute to the court and for this purpose, both parties hereby choose the common and permanent legal domicile, in the Office of the Registrar of the District Court where XLSMART is domiciled.
  8. The Customer is encouraged to always visit this page to understand the updates of these Subscription Terms.

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