BRAND


GENERAL PROVISION

By accessing and using KOLONi, you accept and agree to be bound by and comply with these Terms and Conditions. If you are accessing or using KOLONi on behalf of another person or a corporate entity, you represent and warrant that you have the authority to bind such person or entity to these Terms of Service.

Provisions must be read well and carefully. Please note that we may change, modify, add and delete these Terms and Conditions at any time without prior notice. By continuing to use KOLONi after such changes to these Terms & Conditions, you as the visitors, users or registered users agree and consent to the changes.

Violation of these Terms of Service will give a suspended / blocked account from KOLONi members without prior permission. KOLONi has the right to investigate, decide and take action against all those accused of violating to these Terms and Conditions and all approval forms of KOLONi account.

You agree that KOLONi can use your social media account name, brand or product name and logo in presentations, marketing materials, customer or brand lists, financial reports, customer or brand lists on the website. If you want to use the names, trademarks, service marks, logos, domain names of KOLONi, and other unique brand features of KOLONi, you can do so, as long as the use is in accordance with these Terms of Service and in accordance with the guidelines provided by KOLONi.

You represent and warrant that all information provided by you to register for KOLONi service is true and is the latest & most recent information or data; You have all the rights, power and authority to run these Terms of Service; and you have fulfilled and will continue to comply with all applicable laws and all existing regulations. You also represent and warrant that any content displayed therein: complies with all applicable laws and regulations, does not or has never violated the obligations or rights of any person or entity including, without limitation, intellectual property rights, publicity or privacy, or rights or duties under consumer protection, product liability, error, or contract theory, and do not contain pornography, racial intolerance, violence, or other things that are illegal.

Each clause in these Terms of Service is separate and independent. If there are clauses that are declared invalid or cannot be implemented according to applicable law, then the other clauses will not be affected and clauses that are declared invalid or not applicable according to law will be amended to be valid and can be carried out to the maximum extent possible according to the law.

All Terms & Conditions on KOLONi are made and subject to the laws of the Republic of Indonesia. All disputes arising from the terms of this provision will be resolved at the South Jakarta District Court.


DEFINITION

Brand : means you (an individual or company) as a marketer, product owner or buyer who want to promote services / products / etc. through Influencer and who has a member account to access KOLONi Platform.

Influencer : means you (an individual or company) who are relevant or applicable to a brand and product and could assist, advise or build the brand or product by sharing the brand story through the Influencer’s networks or any social media method and who has a member account to access KOLONi.Platform.

Campaign : means advertisements created by Brand and promoted by Influencers (1 campaign can consist of 1 or more Influencers).

Influencer Rate : means the price that must be paid by the Advertiser (Brand) to Influencer for each post.

Campaign Period : means the date that specified by the Brand for each project / advertisement will be run.


AGREEMENT TERM

This Agreement shall come into force on the Commencement Date and, unless terminated early in accordance with the terms of this Agreement, shall continue until completion of the services, delivery by the Influencer to Brands of all applicable Deliverables and payment of all sums due under this Agreement (the "Term").


BRAND PROVISIONS

Brand is fully responsible for the use / registration of account names on KOLONi platform. KOLONi is not responsible for approval on behalf of the registered Brands.

Brand acknowledge that any content uploaded by Influencers and has been approved by the Brand is the Brands’ responsibility and Brand releases KOLONi from all responsibility for inappropriate content and negligence of Influencers.

Brand is responsible for every transfer action to the KOLONi account, the funds that have been deposited into the KOLONi account cannot be withdrawn under any conditions without exception.

Brand shall only communicate with the influencers via KOLONi.

If Brands cancels unilaterally during the campaign runs, then Brands will still have to pay all the cost according to the agreed media plan.


REFUND CONDITIONS

For each campaign created by Brand, funds will be held in the amount of the campaign budget. If during the campaign run, there are funds in the budget that are not used for example but not limited to influencers rejecting the campaign, then the excess budget will be returned to the Brand balance.

Refund time provisions are as follows:

  1.     Influencers reject the campaign: the budget is immediately returned to the brand balance.
  2.   Influencers do not submit posts proof, posts do not comply with the brief and other cases: the budget is returned to the brand balance after the campaign ends.


CONTENT PROVISIONS

KOLONi has the right to reject a Brand if the contents of advertising material contain elements of violence, pornography, SARA, or material that violates the laws in force in Indonesia and / or the norms of decency in society.

KOLONi is not responsible for the cause and effect and implications of Brand or influencer content.

KOLONi is only intermediaries and are not representatives of the Brand or Influencer. KOLONi is not responsible for all actions, words, actions, negligence, intentional of the Brand and / or Influencer.

Brands are prohibited from creating campaign content that aims and / or results in an impression, judgment, bad public image on a competitor's product, or towards any other party.

Brands are prohibited from making campaign content that states the testimony, and / or gives the impression of a false, hoax, misleading, and / or form of information that is incorrect.

Brand in making campaign content obliged to obey and fulfill all applicable laws in Indonesia, violation of legal provisions by Brand and / or Influencer is the responsibility of the Brand and / or Influencer itself. The Brand and / or Influencer hereby waives all claims and protects against any losses to KOLONi that may arise from their parties or third parties as a result of violations of these provisions and / or for the use of the KOLONi services.


BUDGET CAMPAIGN PROVISIONS

Prices shown are detailed so that Brands can see the amount to be paid, any additional costs due to the use of credit cards or inter-bank fees will be charged to the Brands as user.

KOLONi will apply management fees of 30% for each campaign that will run and will be subject by the tax according to the applicable provisions. 

Please make sure the balance is not less or zero when the campaign is created or will be run.

Your balance will decrease after the created campaign has a running status on your KOLONi acccount.

For payment by bank transfer, you must provide the bank transfer receipt or payment as proof of transactions.

If the Brand has any doubt about the service, the Brand can contact KOLONi admin in social media, email, or phone calls (during office hours).


USER ACCOUNT

For registration, KOLONi will collect and process your personal information, such as your name, e-mail address, and your mobile phone number when you register. You must provide us with an accurate, complete, and latest information and agree to provide us with any proof of identity that we may reasonably request.

Brands cannot assign or transfer their own account to any other party.

Brands must maintain the security and confidentiality of their own account password and any identification that provide by KOLONi. In case any disclosure of the password, in any way whatsoever resulting in any unauthorized use of the account or identity, orders received from such unauthorized use shall still be considered as valid orders and KOLONi will process such orders. Brands hereby declare that Koloni is not responsible for any loss from the misuse of your account.

If account no longer have control, Brands are required to immediately notify KOLONi (e.g., my account is hacked in any way or my phone is stolen) so we can temporarily block and/or inactivate the account properly. Please note that you are responsible for your use of your account and may be liable for your account even if your account is misused by others.

KOLONi has the full right to temporarily block, delete, or inactivate the user’s account at our sole discretion and for any cause without giving reasons for blocking, deletion, or inactivation of the user’s account. The reasons for blocking, deletion, or inactivation of the user’s account may include but are not exceptions to:

  1.     Breach of these Terms,
  2.     Unlawful or unauthorized activity.
  3.     Fraud or theft (or indication or suspicion of fraud or theft),
  4.     Suspicion of criminal activity,
  5.     Fake ordering,
  6.     User providing inaccurate, erroneous or misleading information,
  7.     Inappropriate behavior, threats, or insults,
  8.     Refuse to provide detail information.


POLICY PROPERTY

All information such as text, data, graphics, images, sounds, videos, trademarks, logos, icons, html codes and other codes on this website are prohibited to be published, modified, copied, reproduced, duplicated or altered in any way outside the area of this site without the express written permission of KOLONi.

If you violate these rights, KOLONi reserves the right to bring a civil claim to the full amount of losses suffered. These violations may also constitute criminal offenses. If you violate, KOLONi has the right to bring this case to the legal route for all losses suffered. This violation can also be a criminal offense.


CONFIDENTIALITY

The parties shall keep in confidence any information (whether written or oral) of a confidential nature (including software and manuals) obtained under this Agreement and shall not disclose that information to any person (other than their employees, professional advisers, or in the case influencer, the employees of the influencer company or its suppliers who need to know the information) without the consent of the parties.


TERMINATION

KOLONi has sole and full discretion to change, postpone, discontinue or stop this site and/or part of the site, including services or products that are made available in this site, and/ or usage of this site, or part thereof, at any time for any reason by giving no less than 30 days’ prior written notice (including by email) in respect of all or some of the services.

In the event of termination, you remain bound by the obligations in these terms, including but not limited to the warranties, indemnification, and limitation of liabilities that you have agreed to.


NOTICED

Any notice to be served by either party shall be in writing and by email and delivered by hand or courier (recorded delivery) sent to KOLONi at koloni@cpxi-asia.com at the contact email address provided on the Platform.


Updated on March 1st , 2020.