STATEMENTS OF GENERAL POLICIES AND PROCEDURES OF INTERNET SERVICES THROUGH THE WEB SITE OF PT E-SAMUEL INDONESIA
THIS STATEMENTS OF GENERAL POLICIES AND PROCEDURES (THE “TERMS AND CONDITIONS”) OF INTERNET SERVICES PROVIDED THROUGH THE WEB SITE OF PT E-SAMUEL INDONESIA CONTAINS IMPORTANT TERMS AND CONDITIONS THAT APPLY TO INTERNET SERVICES PROVIDED BY PT E-SAMUEL INDONESIA (“E-SAMUEL”) AND FURTHER, TO ONLINE TRADING BY USING SAMUEL TRADING ACTIVE REAL-TIME SERVICE (“STAR”) WITH PT SAMUEL SEKURITAS INDONESIA (“SSI”) AND/OR PT SAMUEL ASET MANAJEMEN (“SAM”), BOTH COMPANY HAVING DOMICILE IN JAKARTA, TO THE EXTENT THAT ANY TERMS AND CONDITIONS CONTAINED HEREIN IN ANY WAY MODIFY OR ALTER THE TERMS AND CONDITIONS SET FORTH IN ANY DISCLOSURE DOCUMENTS FURNISHED TO YOU, OR ANY AGREEMENTS ENTERED INTO BETWEEN YOU AND SSI AND/OR SAM, THE TERMS CONTAINED HEREIN SUPERSEDE AND REPLACE ANY CONFLICTING TERMS AND CONDITIONS CONTAINED IN ANY OF THE SAID AGREEMENTS OR DOCUMENTS.
PLEASE READ THIS STATEMENT CAREFULLY AND RETAIN IT FOR FUTURE REFERENCE. YOUR ACCEPTANCE AND AGREEMENT TO THE TERMS AND CONDITIONS CONTAINED HEREIN WILL BE INDICATED BY YOUR DECISION TO CONTINUE USING THE INTERNET SERVICES OF E-SAMUEL AND USING STAR SERVICE THROUGH THE FACILITIES PROVIDED IN THE WEB SITE OF E- SAMUEL AND MAINTAINING SECURITIES ACCOUNT(S) WITH SSI AND/OR SAM.
IN THIS TERMS AND CONDITIONS, “WE”, “US”, AND “OUR” REFER TO E-SAMUEL AND/OR SSI AND/OR SAM, EITHER SEPARATELY OR COLLECTIVELY, AND IF THE CONTEXTS PERMIT, INCLUDES BUT NOT LIMITED TO THEIR EMPLOYEES, REPRESENTATIVES, OFFICERS, DIRECTORS, AGENTS, SUCCESSORS AND ASSIGNS. THE TERMS OF “YOU” AND “YOUR” REFER TO THE CUSTOMER OF E-SAMUEL, SSI OR SAM, AN INDIVIDUAL, CORPORATION OR PARTY WHO IS USING THE INTERNET SERVICES OF E-SAMUEL AND/OR USING THE STAR SERVICE THROUGH THE FACILITIES PROVIDED IN THE WEB SITE OF E- SAMUEL AND MAINTAINING SECURITIES ACCOUNT(S) WITH SSI AND/OR SAM.
In consideration of providing an online investment services for dealing in shares, stocks, bonds, mutual funds, debentures, warrants, options, certificates of deposit and other securities of every type and description and other property and investments as stated in Article 1 (5) of the Capital Market Law (the “Securities”) that SSI and/or SAM may handle or permit from time to time (the “Online Trading”), SSI and/or SAM, has made arrangement with E-Samuel, to provide online trading facilities hereinafter called the “STAR Service” through Internet at the Web Site of e-Samuel.
Therefore, to use the STAR Service, the investors are directed to SSI and/or SAM online trading facilities at the Web Site of E- Samuel at http://www.e-samuel.com (the “Site”) or other site as developed from time to time and to become a customer of SSI and/or SAM (the “Customer”), the investors have to proceed to open a securities account with SSI (the “Securities Account”).
Neither of the information nor any opinion expressed in the Site constitutes an offer or endorsement by SSI and/or SAM to purchase or sell any securities or financial instruments or provide any investment service. The information are provided only for informational purposes and does not consider your investment objectives, financial situation or particular needs. You must make your own evaluation to determine whether any securities referred in the information is suitable for you.
The information must not be considered as a representation that the investment services and products are available for your specific use or otherwise provided to you. The information in the Site is descriptive of the operations of SSI and/or SAM and the services, Securities and financial instruments described may not be available to or suitable for you. Not all strategies are appropriate at all time. The descriptions or statements expressed in the Site are not intended to constitute investment advice. Independent assessment must be exercised and independent advice is recommended to be sought if needed.
The value and income of any of the Securities or financial instruments mentioned in the Site can fall as well as rise and an investor may get back less than he/she invested. We are not agreeing to nor required to update the information which reflect events that occurred after issuance. Past performance of any security is not necessarily a guide to future performance.
The investment services and products mentioned in the Site may often have tax consequences that might change from time to time, therefore, it is important to bear in mind that we do not provide tax advice. Customers’ tax affairs are their own responsibility and customers are recommended to consult their own attorneys or other tax advisors in order to understand tax consequences of any products and services mentioned in the Site.
The Site is provided “as is” and you use it at your own risk. The Site includes news, data, facts, views, opinions and recommendations of individuals and organizations on the services and/or products. The information presented in the Site was obtained from various sources. It is believed to be reliable but is subject to be changed or updated from time to time without prior notice. We, our content providers and licensors do not warrant the completeness, accuracy or timeliness, merchantability, non-infringement or fitness for a particular purpose of, or otherwise endorse, these views, opinions or recommendation. Additional information is available. None of the information constitutes a solicitation by SSI or a solicitation that any particular investor should purchase or sell any particular security in any amount, or at all. The information is not intended to provide tax or legal advice. Neither SSI nor any third party assesses for you, or any particular investor, the suitability of any particular investment. The information provided herein is for personal use and not for resale.
1. General Terms
Each Customer is the sole and exclusive owner of a password (the “Password”) to enter into a Securities Account and other secured areas which shall be personally decided by the investor and an identification number, code or other sequence which allows access to the Site via computerized online service (the “Customer ID”). The STAR Service, including the information provided by SSI and/or SAM in the Site, is protected by the Password and the Customer ID (collectively, the “Access Codes”). Each Customer will accept full responsibility for use and protection of the Access Codes as well as for any transaction occurring in an opened Securities Account, held or accessed through the Access Codes.
After the acceptance and agreement of this Terms and Conditions which followed by the signing of a Customer Account Opening For STAR Agreement (the “Customer Account Opening Agreement”), an opening of a Securities Account shall be performed. The activation of such Securities Account shall be executed after the completion of all requirements to open the Securities Account by installment of software to open the encryption of such Securities Account.
Deliberate misuse of any element of E-Samuel and/or SSI and/or SAM including without limitation, hacking, introduction of viruses or similar code, disruption or excessive use or any use contravention of applicable law, is expressly prohibited. SSI and/or SAM reserves the right to withdraw your Access Codes, terminate your access to SSI and/or SAM, and at SSI’s and/or SAM’s discretion, pass information to the legal authorities.
Upon providing you with proper notice, We reserve the right to make changes to this Agreement or promulgate new rules and regulations in relation to the provision of the services or the operation of the Securities Account(s). You further agree that your continued use of STAR Service constitutes your acceptance of the terms of this Agreement, as revised. We shall be entitled to terminate your access to the Site at any time on giving notice to you and in any event if you commit any breach of this Terms and Conditions. We shall have no liability to you for such termination. Notices may be served by any reasonable method including posting on the Site.
You shall indemnify and hold harmless us from and against all actions, claims, proceedings, costs and damages (including any damages or compensation paid by us on the advice of our legal advisors to compromise or settle any claim) and all legal costs or expenses arising out of your use of the STAR Service.
2. E – Mail
E-mail is provided to you only as convenience and to enhance communications between you and us (which may be your financial consultant or other relevant parties). Because of the current limitations on utilization of e-mail (such as reliability of delivery, timeliness, security, etc.), you agree that you will not use e-mail to request, authorize or effect the purchase or sale of any Securities or commodities, to send funds transfers instructions, or for any other financial transactions that required real-time communication or more formal written authorization in accordance with applicable law or SSI and/or SAM policies. Any such requests, orders, or instructions that you send in contravention of the foregoing agreement will not be accepted and will not be processed by us. We will not be responsible for any loss or damage that could result from your requests, orders or instructions not being accepted or processed in accordance with the preceding sentence.
Due to security concerns, you should not send any personal or identifying information, such as account numbers, passwords, etc. via e-mail. We will not be responsible for any loss or damage that could result from interception by third parties of any information you send via e-mail. All e-mail messages sent by you to our staff or to you from our staff will be recorded and archived and are available for review by our managers and compliance personnel as well as by our regulatory examiners. The information upon Securities Account available on the Internet via the Site is highly encrypted for confidentiality. You acknowledge that such account information is available for our staff via proprietary and encrypted Internet transmissions.
3. Quotes, News, and Research
Quotes, news and research data provided on the Site are obtained from sources which we believe to be reliable, but we, in any event, cannot guarantee the accuracy, timeliness or completeness of such information for any particular purpose. Such information and any of our research opinions provided do not constitute investment advice, or a solicitation by SSI and/or SAM for the purchase or sale of any Securities or commodities, or a representation that any Securities or commodities are suitable for you. You should always contact your broker before deciding to act upon any information you obtain through the Site or to determine whether any Securities referenced in this Site are suitable for you. Your attention is out in paragraph above.
4. Account Data Access
We permit you to view your Securities Account data with us and any other accounts which are linked to such your Securities Account for account statement mailing purposes. By accepting and using the STAR Service, you represent on a continuing basis that you are authorized to have viewing access to any account for which you and other linked account parties have requested linking of account statements. We will provide you the Access Codes when you enroll to ensure the security of your Securities Account data and that of any other linked account parties, which you agree to safeguard. We shall not be responsible for any breach of security caused by your failure to maintain the confidentiality of your Access Codes.
We reserve the right to change the Access Codes and Securities Account at any time by giving prior notice to you, and you agree to notify us immediately if your Access Codes becomes known to an unauthorized person. All account data is provided as a convenience and for your solely information. Account data provided through the Site is generally updated as of the prior business day’s close of business, but is subject to adjustment and correction. Therefore, it should not be relied upon for taking any action without first confirming its accuracy and completeness with our staff. We will not be responsible for any loss or damage that could result from your taking any such action if you do not first contact your our staff to confirm the accuracy and completeness of your account data.
5. Internet Access Services
The STAR Service is delivered by means of installment of software to open the encryption of a Securities Account after the signing of a Customer Account Opening Agreement.
The Customer shall access the STAR Service through our online trading facilities at the Web Site of E-Samuel at the Site using the Access Codes of the respective Securities Account. The use of the STAR Service shall be at the Customer full responsibility as well as for any transaction occurring in an opened Securities Account, held or accessed through the Access Codes. We bear no responsibility for your use of any element of us including without limitation, hacking, introduction of viruses or similar code, disruption or excessive use or any use contravention of applicable laws. You are solely responsible for the selection, implementation and performance of any and all equipment, telecommunication equipment and services of third-party (including but not limited to Internet connectivity used in connection with the STAR Service). You are responsible for ensuring that the equipment to operate the STAR service meets SSI’s minimum standards for interoperability including but not limited to processing speed for accessing internet services.
6. Disclaimer of Warranty and Limitation of Liability
WE PROVIDE NO WARRANTIES THAT THE STAR SERVICE IS FIT FOR ANY PARTICULAR PURPOSE. ALL WARRANTIES REPRESENTATIONS AND CONDITIONS OTHER THAN THOSE SET OUT EXPRESSLY IN THIS TERMS AND CONDITIONS, WHETHER IMPLIED OR EXPRESSED, STATUTORY OR OTHERWISE ARE FULLY EXCLUDED TO THE FULLEST EXTEND PERMITTED BY LAW. YOUR USE OF STAR SERVICE IS ENTIRELY AT YOUR OWN RISK AND WE WILL NOT BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND WHETHER IN CONTRACT, TORT OR OTHERWISE FOR ANY LOSS OR DAMAGE THAT YOU OR ANY OF YOUR LINKED ACCOUNT PARTIES INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF STAR SERVICE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THE STAR SERVICE AVAILABLE TO YOU, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO OR USE OF THE SITE, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF E-SAMUEL AND/OR SSI AND/OR SAM IN PROVIDING SOFTWARE OR SERVICES SUPPORT FOR THE STAR SERVICE. IN NO EVENT WILL WE BE LIABLE TO YOU IN CONTRACT, TORT OR OTHERWISE AND HEREBY RELEASE AND DISCHARGE US FROM ANY OBLIGATIONS AND CONSEQUENCES FOR ANY LOSS OF REVENUE, GOODWILL, BUSINESS, CONTRACTS, PROVITS, DATA OR FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. WE SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE STAR SERVICE.
You agree that authorized E-Samuel’s and/or SSI’s and/or SAM’s Staff may access data relating to your Securities Account via the STAR Service, to the same extend that they may access such data by other means of communications.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable laws including but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
Your use of the Site will be deemed as reading, acceptance and agreement of them. This Terms and Conditions entered into upon receipt by SSI and/or SAM of your acceptance and agreement and shall be deemed concluded in territory of the Republic of Indonesia
CUSTOMER ACCOUNT OPENING FOR ONLINE TRADING AGREEMENT (“STAR”)
The following terms and conditions of this CUSTOMER ACCOUNT OPENING FOR ONLINE TRADING AGREEMENT by using STAR Service (the “STAR Agreement”) is in consideration of the opening of securities account(s) with PT SAMUEL SEKURITAS INDONESIA (“SSI”), a brokerage company having domicile in Jakarta.
In this Agreement, all capitalised terms shall have the meaning as set out in the STATEMENTS OF GENERAL POLICIES AND PROCEDURES OF INTERNET SERVICES THROUGH THE WEB SITE OF PT E-SAMUEL and the TERMS AND CONDITIONS OF SECURITIES TRADING OF PT SAMUEL SEKURITAS INDONESIA, unless the context required otherwise. The use of “We”, “Us”, and “Our” refer to SSI and/or E-Samuel, and if the contexts permit, includes but not limited to its affiliates, employees, representatives, officers, directors, agents, successors and assigns (collectively “SSI’s Staffs”). The terms of “You” and “Your” refer to the customer of SSI, an individual, corporation or party who is the holder of the Securities Account(s) with SSI.
By entering this Agreement, You agree to the following:
General Terms and Conditions
You acknowledge that SSI is engaged in the brokerage business at its principal place of business in Jakarta, Indonesia, and that you are dealing in business with SSI in the territory of the Republic of Indonesia.
You acknowledge that to engage in the brokerage business with SSI, you will access the STAR Service through the Site, and further proceed to open a Securities Account to become a Customer.
If you are an individual, you represent that you are of sufficient legal age and capacity to enter into this Agreement and be bound thereby, that unless otherwise disclosed to us in writing, you are not a director, commissioner, 5% shareholder, or policy- making officer of a publicly traded company, or if you become affiliated with or employed by any securities firm, company or insurance company or other party engaged in the business of dealing either as broker or as principal in any forms of securities, you agree to immediately notify us in writing. And you further represent that no one except you has an interest in any of your Securities Account(s) with us.
You acknowledge, represent and warrant that you have solely chosen a Password and received a Customer ID (collectively, the “Access Codes”) which provides access to your Securities Account and agree that you shall be the only authorized user of the services under this Agreement, the sole and exclusive owner of such Access Codes and shall be the only person authorized to give instruction on your Securities Account(s). You agree to accept sole responsibility for use, confidentiality, and protection of the Access Codes as well as for all orders and information changes (for example, change of e-mail address) entered into your Securities Account using such Access Codes. You acknowledge and agree that you shall be solely responsible for all instructions given or transactions conducted through the STAR Service using the Access Codes.
You accept full responsibility for the monitoring and safeguarding of your Securities Account(s). You will immediately notify SSI in writing, delivered via e-mail and certified/return receipt requested mail, if you become aware of any loss, theft, or unauthorized use of your Access Codes; or any failure by you to receive a message from us indicating that an order was received and executed; or any failure by you to receive an accurate written confirmation of an execution; or any receipt by you of confirmation of an order and/or execution which you did not place; or any inaccurate information in your account balances, securities positions, or transaction history.
You release and agree to indemnify and hold harmless SSI and the SSI’s Staff from any loss or expense, including attorney’s fees if you have not provided accurate and truthful information or if you fail, refuse or neglect to immediately provide any change of information previously obtained by SSI with regard to the opening of a Securities Account with SSI. We will assume no responsibility or liability if you fail to immediately notify SSI of any of these conditions.
You further agree and understand that you will not be compensated by SSI for “lost opportunity”, as for example, you were unable to enter an order due to technical difficulties and the stock you wished to purchase increased in value. Furthermore, in a technical environment, should an error occur with respect to the tracking of any account holding or order entry, the true, actual and correct transaction restored. It is your responsibility to ensure the Securities Account(s) correctness and accuracy and to contact SSI immediately with any discrepancies.
The content available through the Site is the property of SSI and/or E-Samuel and is protected by copyright and other intellectual property rights including but not limited to patents, trademark, and Indonesian intellectual property laws and international treaty provisions. Content received through the Site may be displayed, reformatted, and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this Site to anyone without the express prior written consent of SSI and/or E-Samuel with this one exception: You may, on an occasional and irregular basis, disseminate an insubstantial portion of content from the Site, for a noncommercial purpose, without charge, and transmitted in non-electronic form, to a limited number of individuals, provided you include all copyright and other proprietary rights notices with such portion of the content in the same form in which the notices appear in the Site, original source attribution, and the phrase “Used with permission from SSI and/or E-Samuel”. You may not post any content from the Site to newsgroups, mailing lists or electronic bulletin boards, without the prior written consent of SSI and/or E-Samuel. You agree to grant to SSI and/or E-Samuel a non-exclusive, royalty- free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to public areas of the Site (such as bulletin boards, chat rooms and newsgroups) by all means and in any media now known or hereafter developed. You also grant to SSI and/or E-Samuel, the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against SSI for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
To maintain an informative and valuable service that meets the needs of the users of the Site and avoids the harm that can result from disseminating statements that are false, malicious, violate the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:
(i). You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not transmit any message, data, image or program which is indecent, obscene or pornographic.
(ii) You may not transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
(iii) You may not interfere with other Customers’ use of the Site.
(iv) You may not transmit any message which is harmful, threatening, abusive or hateful. It is not the SSI’s intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views. However, SSI reserves the right to take such action as it deems appropriate in cases where the Site is used to disseminate statements that are deeply and widely offensive and/or harmful.
(v) You may not transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not transmit any advertising, promotional materials or any other solicitation of other users of the Site for goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
(vi) You may not use the facilities and capabilities of the site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.
(vii) You agree that you will not use the STAR Service in any manner which could damage, disable, overburden or impair the STAR Service and/or the Site (or other network(s) or site connected to the STAR Service) or interfere enjoyment of other user of the STAR Services.
The Account Opening
The purpose of signing this Agreement is in relation with the opening of a Securities Account under your name engaging with the Online Trading by using the STAR Service. By accepting the terms and conditions of this Agreement, you expressly appoint and authorized SSI to act in our capacity as your broker. Further, the activation of such Securities Account shall be executed after the fulfillment of all requirements to open the Securities Account completed by installment of software to open the encryption of such Securities Account.
For opening your Securities Account, SSI required you to deposit cash or available funds in your account to make the advance payment or deliver your own certificate(s) of the Securities to us before accepting your order to purchase or sell Securities for your Securities Account which shall be in whatever amount deemed appropriate prior to the acceptance of an order for the purchase of securities under the right and discretion of SSI and/or to assign certificate(s) of the Securities to us as the security for fulfilling your payment obligation, which certificate(s) shall further be deposited in your Securities Account. The transfer or deposit of fund or Securities shall be deemed obtained by SSI after SSI actually received the evidence of such transfer or deposit of such fund or Securities.
You expressly authorize SSI to obtain references from the banks and other persons named in the account opening application form or otherwise as SSI may consider appropriate, and to conduct a credit check on you for the purpose of ascertaining your creditability, integrity, financial situation and investment objectives.
Your Securities Account shall be deemed as a report which stated any condition and position of your Securities and fund at the custodian, and will be separately managed from the accounts owned by SSI. SSI will provide a monthly report in writing concerning any condition and position of your Securities and fund in your Securities Account and deliver it by mail or otherwise to your address recorded with SSI. SSI will send all mails to your address (including e-mail address and facsimile number) as it appears on your Securities Account(s) or at any other address as you may inform SSI in writing. Any such communications sent by mail, e-mail, facsimile, messenger or otherwise, will be considered personally delivered, whether or not you actually receive it.
Statements of account(s) are conclusive and binding upon you unless you submit a written objection within 5 (five) business days after SSI have sent the statement of account to you by mail or otherwise.
SSI shall have a separate bookkeeping of Securities Account(s) for you and SSI. The records in SSI’s bookkeeping shall be valid evidence, if there are any differences between your bookkeeping and SSI’s bookkeeping, then SSI’s bookkeeping shall apply.
You hereby unconditionally and irrevocably give authorization to SSI: (1) to act as your attorney in receiving and executing your instruction and settlement, including to deliver Securities and to sign documents involved; (2) to execute your instruction through other securities company in accordance with the prevailing or applicable regulation; (3) to act as depository agent for you including signing documents required in connection with executing actions: (a) to receive, keep and withdraw Securities and/or funds for and on your behalf; (b) to choose, appoint, open and close and transfer your Securities to other custodians; (c) to recover, receive, and collect rights attached to the Securities by you which are registered in your Securities Account(s); (4) to credit/debit securities and/or funds of yours in accordance with your transaction or other activities regarding your Securities Account(s), including but not limited to deposit/withdrawal of Securities and/or funds, completion of corporate action and settlement, when SSI deems necessary to do so in order to perform our functions based on your relevant instruction(s) to SSI.
You understand that SSI may at any time, in our sole discretion and without prior notice to you, suspend, prohibit or restrict your ability to give Instructions or to substitute Securities in your Securities Account. You further agree that SSI may close your Securities Account at any time and for any reason. Closing the Securities Account will not affect the rights and obligations of either party incurred prior to the closing date of the Securities Account.
SSI reserves the right to disclose information regarding your Securities Account(s) where required by law to regulatory, requirements, court judgment, law enforcement or other relevant government authorities.
The Acceptance of Orders
Your instructions regarding the intention to purchase or sell securities are generally received and recorded by SSI’s Staff or representatives over telephone or through the facilities of the Site. SSI shall not be deemed to have received these instructions through any electronic transmission until we have actual knowledge of such order. The receipt of such instructions by a SSI’s Staff or representative or by other means may not constitute acceptance by SSI of your particular order. We reserve the right to refuse any order at our sole discretion.
When you place a request to cancel an order, the cancellation of that order is not guaranteed. Your order will only be canceled if your request is received by SSI before your order is executed. During market hours, it is rarely possible to cancel order, as market orders are subject to immediate execution. Do not assume that any order has been executed or canceled until you have received a transaction confirmation from SSI via e-mail, telephone, or the Site. Be aware that SSI, from time to time, receives late reports from the exchanges and market makers reporting the status of transactions. Accordingly, you may be subject to late reports related to orders that were previously unreported to you or reported to you as being expired, canceled, or executed. In addition, any reporting or posting errors, including errors in execution prices, will be corrected to reflect what actually occurred in the marketplace.
You acknowledge that the price of Securities can and does fluctuate, and that any individual Security may experience downward movements and may under some circumstances even become valueless. You appreciate therefore that there is an inherent risk that, as a result of purchasing and selling Securities, losses may be incurred rather than profit made. This is a risk you are prepared to accept.
You understand that all orders entered are unsolicited, based on your own decisions, and that you are solely responsible for the number of trades entered, suitability, investment strategies, and risks associated with each trade and will not hold SSI or any of SSI’s Staffs liable for those investment decisions.
Trade confirmations for the execution and/or processing of orders are conclusive against you if you do not submit a written objection within 1 (one) business day after SSI has sent the confirmations to you. Notwithstanding the aforesaid, SSI shall not be held responsible for the accuracy of the price reported by means of a courtesy fill notification or trade confirmation if your order was executed at another price. SSI will report the correct trade information as soon as feasible.
E-Samuel and/or SSI is authorized to employ agents, associates, affiliates, information service providers, providers of execution facilities and providers of other financial products (the “Agents”) to perform all or part of our duties under this Agreement and to provide information regarding the Securities Account to such Agents. SSI may purchase and/or sell Securities on your behalf by placing instructions with us. SSI and any of our Agents that carries any of your Securities Account(s) may accept instructions concerning any of your Securities Account(s) or the property in any of your Securities Account(s), without inquiry, or investigation, including, but not limited to, orders for the purchase or sale of Securities or other property in any of your Securities Account(s), unless SSI or the Agent receives prior express written notice to the contrary from you identifying your name and the numbers of the Securities Account(s) with notice.
Execution of Orders
Your instructions regarding the intention to purchase or sell securities which are received over the telephone or through the facilities of the Site will recorded by SSI’s Staffs in the order form, imprinted with the time stamp, numbered consecutively and deliver to the Jakarta Automatic Trading System in accordance with the time priority of approval obtained from the trader supervisor.
You authorize SSI at any time and in our sole discretion, for the purpose of obtaining a better execution price, improving execution efficiency, reducing the volume of instructions and/or other valid business reasons, to consolidate and/or disaggregate instructions to purchase and/or sell Securities on your behalf with similar instructions received from other customers. You acknowledge and agree that SSI and/or our Agents may at any time prioritize instructions for best execution pricing.
All orders for the purchase or sale of Securities and other property that you authorize shall be processed and/or executed with the understanding that an actual purchase or sale is intended and it is your intention and obligation in every case to pay for any purchase or deliver the Securities to cover all sales on or before settlement date, even though the receipt of the confirmation for such transactions may be delayed. All sell orders shall be for Securities owned at that time by you
Settlement of Securities Transactions
You are obligated to deliver or transfer of fund or Securities by a date as requested case per case by SSI’s Staff, after the opening of your Securities Account and before placing an order to purchase or sell Securities. Such delivery or transfer of fund or Securities into your Securities Account shall be used to furnish the payment for the Securities purchased through the clearing facilities of the IDX where SSI is a member. You must be aware the possibility that your fund and Securities might be recorded in the Securities Account of a custodian bank or other settlement institution under SSI’s name for your objective, a report of your respective ownership shall be recorded accordingly.
The payment of each order must be made in full before your order being executed. The settlement of the transaction then will be fulfilled in accordance with the segment of market where the Securities were purchased. SSI’s Staff will confirm you upon such date of settlement.
Since such payment is required to be fulfilled before the execution of each transaction, you are obligatory requested to deliver or transfer an amount of fund or Securities deemed sufficient by the SSI’s Staff immediately after the opening of your Securities Account(s) or on the date confirmed by the SSI’s Staff before the placement of order to purchase Securities.
When payment is not received within the prescribed period, SSI may either liquidate the Securities for your account and risk or cancel the transaction at the discretion of SSI or file for an extension of credit from legally and authorized institution of settlement of securities transaction, provided there is an acceptable reason for the delay in payment. A fee shall be figured further according to factual amount incurred, any extension request will be charged accordingly.
Should IDX determine that there have been too many extension requests for a given client, we may restrict any transaction with respect to your Securities Account, thereby requiring SSI to insist that sufficient funds be in the account prior to acceptance of new orders. It should be noted that this policy regarding the extension of credit is universal throughout the Securities industry and is governed by various Securities regulatory authorities. In any instances where SSI does not receive your payment by settlement date, SSI reserves the right to charge your Securities Account a late payment fee calculated from such settlement date until the clearance of the debit computed at the then prevailing interest rate charged into your Securities Account.
You acknowledge and agree that SSI is authorized to borrow the Securities and other property necessary to enable it to make delivery if you fail to deliver any Securities or other property that SSI has sold at your direction. You agree to be responsible for any cost, including the cost of obtaining the Securities and other property, or loss SSI may incur. SSI is your agent to complete all such transactions and is authorized (but is not obligated) to make advances and expend monies as required. You hereby release and agree to indemnify and hold harmless SSI from any and all liability and claims for damages resulting from any action taken pursuant to this paragraph.
All Securities and other property in any Securities Account(s) in which you have an interest are subject to a general security and retention right to discharge any and all of your debts or any of your other obligations to SSI. All Securities and other property of yours will be held by SSI as security and collateral for the payment of any obligation or debt in any account(s) in which you may have an interest. You hereby grant to SSI, jointly and severally, for good and adequate consideration, the general security and retention right described in this paragraph. Subject to the applicable law, SSI may at any time and without prior notice to you, use and/or transfer any or all Securities and other property interchangeably in any account(s) in which you have an interest.
Upon receiving or releasing the Securities, SSI shall issue a registration confirmation to you as evidence of registration upon such conditions in your Securities Account.
You may appoint SSI to act as the “Custodian” of your Securities under which: (1) SSI shall have full authorities as stated in this Agreement; (2) prior approval from SSI is required, before you withdraw the Securities from the Securities Account, sell, pledge the Securities in “custody”; (3) the issuer of the Securities will contact SSI, in connection with receiving rights from securities own by you and other rights incorporated in the Securities in the Account; (4) upon receiving instruction to sell from you for Securities in the “custody” of any other securities company(ies), for the purpose of the settlement of the transaction, prior to the execution of such instruction no objection confirmation from such other securities company(ies) is needed and such other securities company(ies) is required to sign the endorsement column on the certificate(s) of the Securities are needed. The appointment as a Custodian can only be revoked subject to mutual agreement of SSI and you and pursuant to the procedure that apply at the issuer/registrar of such Securities.
In addition, and without prejudice to any general security and retention right or similar right to which SSI may be entitled by law or under the provisions of this Agreement, SSI shall be entitled at any time and without prior notice to: (a) apply any credit balance in any currency to which you are at any time beneficially entitled on any Securities Account with SSI or any of our Agents; and/or(b) set off any of SSI’s liability to you in or towards the satisfaction of all or any of your liabilities to SSI under this Agreement (whether actual or contingent) including all commissions, costs, charges or expenses payable to SSI hereunder. If such credit balance and/or liability is insufficient, SSI shall have the right to sell any Securities or property held by it or any of our Agents on your behalf and to utilize the proceeds to offset and discharge all or part of your liabilities to SSI, regardless of whether any other person is interested in such Securities. SSI and the Agents shall have no liability for any loss thereby suffered unless such liability or loss is suffered as a result of SSI’s gross negligence or willful default and you will not make any claim concerning the manner or timing of such sale. SSI shall be entitled at any time without notice to combine and/or consolidate all or any of your Securities Account(s) with SSI and any of our Agents. In respect of any payments by SSI to offset and discharge any of your liabilities to any of our Agents, SSI shall not be concerned whether or not such liabilities exist provided demand has been made on SSI by such Agent(s).
Assignment of Account(s)
SSI may (but is not obligated to) allow you to appoint in writing another person (your “Authorized Person”) to operate your Securities Account(s) generally or subject to limitations. SSI may act on instructions from or otherwise deal with any person purporting to act as your Authorized Person and, SSI is not responsible for determining the validity of such person’s fiduciary status or capacity, the propriety of or the authority for any act of or by such person, the validity or propriety under governing statutes or other law of any instrument or instructions executed or given by such person, or the propriety of the application of any property of the person on whose behalf the fiduciary purports to act. SSI may from time to time require additional documentation to permit appointment of Authorized Person for your Securities Account(s).
You shall pay, either directly or from your Securities Account, all levies, duties, commissions, brokerage fees, information license fees, account communication charges, operational and maintenance fees, interest, management fees, penalties, telegraphic transfer charges, custodial fees, settlement charges, taxes, legal expenses and all and any other costs or expenses, whether incidental or material, properly incurred by SSI or our Agent in connection with your use of the services and trading on your Securities Account in incompliance with the prevailing rules, regulations, customs and practices of Bapepam&LK, IDX, without limiting the generality of the foregoing, you must promptly pay SSI the reasonable costs of collection of the debit balance and any unpaid deficiency in your accounts, including attorney’s fees. Such fees will be charged into your Securities Account(s).
We, SSI and/or E-Samuel, know that privacy is important to you. We recognize that our customers are our most important assets, and we protect the information you entrust to us. You have many choices of brokers, and our commitment to excellent service is why you choose to maintain a relationship with us.
When you browse the public areas of our Site, you remain anonymous. We do not keep track of your e-mail address or other personal information. We do maintain standard Web Site traffic logs that record what Web pages are visited, where our visitors arrive from, and so on. This information is only statistically, and only to improve your experience at our Site at www.e-samuel. com.
Certain areas of our Site are not public, but are available only to our customers. In order to become a customer, you must voluntarily give us information about yourself and your investment experience. Much of this information we are required to ask for in accordance with the law and regulations of Bapepam&LK, IDX and/or other capital market support institutions.
We are very committed to security, both as good business practice and because of our responsibility toward customers. When you voluntarily give us information about yourself by using one of our electronic forms, we require that you use a secure session. To do this, you must use a Web browser that is capable of making a secure connection, as most modern browsers. This helps protect the information as it is sent from you to our Site. The information that you give us is stored on our Site temporarily and in a secure area. We regularly remove the information by secure means and delete it from our Site.
The STAR Service portion of the Site may also require a secure session. As a Customer visiting the trading area, you will be required to authenticate yourself by entering your Access Codes. You should protect these Access Codes as you might have any sensitive financial information about yourself. Visitors to the trading area or other private areas will be tracked using temporary cookies and other standard methods to maintain the authentication.
We share the information of your Securities Account(s) with our Agents, who maintain the actual records of your trades and account status. They, like us, are bound by Bapepam&LK,BEI or other capital market support institutions, Rules and any other applicable laws and regulation of Fair Practice to safeguard this information. We are also required to forward your information to the regulatory bodies as provided by law.
This Agreement between SSI and you provide, among other things, that provided any disputes shall be settled amicably the parties within immediate period, if a settlement is not be achieved, both parties agree to submit such disputes to District Court and prefer its domicile in clerk office of District Court of Central Jakarta.
SSI will not be held responsible for delays in accepting your orders to purchase or sell securities resulting from the need to obtain the prior approval of SSI’s compliance officials before particular or other causes beyond its control (as the case may be). In addition during extreme market conditions and fast markets, SSI will only execute your orders on its best efforts basis. Fast markets create a risk that the execution price for market orders may be significantly different than quoted market prices. In periods of unusual market volatility and heavy trading volume, SSI reserves the right, at our sole discretion, to limit and restrict the types of orders we will accept from you.
We shall not be liable to you for any loss, damage or litigation costs resulting from any error of fact or judgement, or from action taken or inaction or omission or default by us or from any consequences thereof whatsoever, save and except where such loss, damage or cost is suffered or incurred as a direct result of our gross negligence or willful default. You further agree that we will not be liable for any indirect or other consequential losses or other economic losses (including but not limited to loss of profits, trading losses or special damages) whether arising from negligence, breach of contract or otherwise (including without limitation inconvenience, delay or loss of use of the service), even if we have been advised of the possibility of such losses or damages.
We will not be liable for any delay or failure to perform any obligation on our part or for any losses caused directly or indirectly by any condition or circumstances over which we do not have direct control, including but not limited to government restriction, exchange or market rulings, suspension of trading, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, war (whether declared or not), severe weather, earthquakes and strikes (force majeure).
This Agreement and SSI’s provisions shall be continuous, cover individually and collectively all account(s) which you may open or re-open with SSI, and inure to the benefit of SSI. This Agreement is binding upon you and your personal representatives, successors and assigns.
All transactions under this Agreement are made subject to the constitution, rules, regulations, customs and usage of the exchange or market, where SSI or our Agents execute the transactions.
All terms and conditions contained in this Agreement and the other agreements with SSI are subject to change without notice. You confirm your acceptance of any and all changes by not closing and/or by continuing to use your Securities Account(s).
In case of any provision of this Agreement shall be held to be illegal, invalid, void or unenforceable under alteration of any prevailing laws, the legality, validity and enforceability of the remainder of this Agreement in shall not be affected, provided that SSI and you shall in writing enter into an amendment agreement upon this Agreement.
By clicking on “Agree and Continue” button below, you agree to be bound by the terms of this Agreement and you acknowledge that you have read, understood and agree to abide by and comply with all terms, conditions and notices contained in or referenced by this Agreement, and that you have the authority to do so.
All notices in connection with this Agreement shall be deemed to have been duly given or made by a party to the other party in the event that the notices are made in writing and signed by an authorised representative and delivered to the following address or others addresses as notified by a party to the other party.
(a) If to customer, to its address recorded with SSI; and
(b) If to SSI, to the following address :
PT SAMUEL SEKURITAS INDONESIA
Menara Imperium 25fl
Jl. HR Rasuna Said Kav. I
Jakarta 12980 – Indonesia
Telp: (62-21) 2854 8180/81/82
Facsimile: (62-21) 8370 1609/10
or to such other address of facsimile number or for the attention of such other person as may from time to time be notified by any party to the other party by written notice in accordance with the provisions of this Article.
The Notice shall be deemed to have been given: (a) If delivered personally by courier, at the time the courier receives a receipt from the recipient; (b) If sent by registered mail, within the period of 7 (seven) days in case of overseas post and 3 (three) days in case for inland post after the mailing letter; (c) If sent by facsimile, 24 (twenty four) hours after the registered time by facsimile machine, unless: within 24 (twenty four) hours after the registered time by facsimile machine, the addressed receiver has notified to the sender that the notice having been receipt incomplete or damage or the sending result report from the sender shows an error or incomplete sending.
In consideration of SSI accepting and maintaining a Securities Account for you, you hereby agree that you have read, understand consent and agree to all terms and conditions in this Agreement and the other related agreements with SSI. By accepting the terms and conditions of this Agreement, you expressly appoint and authorized SSI to act in SSI’s capacity as your broker.
If you accept all terms and conditions of this Agreement, please fill out, print, sign on stamp duty and submit the following account opening application form below along with copy of necessary documents for your personal identity i.e copy of ID Card or passport or Temporary Stay Permit Card (KITAS), Tax Identification Number (NPWP) and for institution/company shall be added by deed of establishment and article of association with its approval from authorized institution, deed of appointment of Directors, Company Registration Number (TDP) and proxy from authorized director (if any) by registered air mail or otherwise way agreed by the parties to SII with the address listed as follows:
PT SAMUEL SEKURITAS INDONESIA
Menara Imperium 25fl
Jl. HR Rasuna Said Kav. I
Jakarta 12980 – Indonesia
You will solely set up a Password at the time you submit the application form, and SSI will immediately assign a Customer ID to you.
It is the express will of the parties that this Terms and Conditions and all related documents have been drawn up in a text using the Indonesian language and the English language. Notwithstanding that and despite translation into any other language, the Indonesian language version shall be the prevailing version.
This agreement has been updated as of Apri 01, 2010