Топ-100

Trade Assurance Services Rules

TRANSACTION SERVICES RULES (THE “RULES”)

Which applies to worldwide Buyers that have entered into Transaction Purchase Contracts with Sellers registered or resident in the Republic of Indonesia.

Transaction Services are only provided to qualifying registered users who had duly agreed to all terms of the MADEININDONESIA.COM Free Membership Agreement. Use of the Transaction Services shall mean that such user has agreed to and abided by the relevant service agreements and all other relevant rules in MADEININDONESIA.COM (referred to as “M.I.N.D)

Chapter 1 Purpose and Definition

Article 1 Purpose

The purpose of establishing these Rules is to protect the legitimate interests of users of the MADEININDONESIA.COM (www.Madeinindonesia.com) “here and to promote the healthy development of the Transaction Services Rules.

Article 2 Definition

  1. “Buyer” means a user of the M.I.N.D who has purchased products and requested Seller to provide Transaction Services Rules.
  2. “Seller”, for the avoidance of doubt, under this Part A means a user, registered or resident in the Republic of Indonesia, who sells products on the M.I.N.D International Platform and agrees to provide Transaction Services Rules to Buyer.
  3. “Transaction Purchase Contract” or “Purchase Contract” means a sales and purchase contract entered into by and between a Buyer and a Seller using an execution method approved by the M.I.N.D International Platform which stipulates the rights and obligations in connection with the exportation of products and Transaction Services Rules.
  4. “Transaction Services Rules” or “Assurance Services” means the services that Seller undertakes to fully refund the Contract Sum received by the Seller or an amount mutually agreed upon by the Buyer and Seller (in accordance with the system records of the Complaints Platform), or other amount as designated by M.I.N.D (Partial refund shall be conditional upon the Buyer’s acceptance of the Seller’s act of breach of contract) and the actual amount to be refunded shall be determined by M.I.N.D based on the relevant evidences, in case Seller breaches the Purchase Contract (Failure to ship out products later than Shipment Date or did not ship out the products at all; or failure to:
    • deliver products in compliance with the Product Description and Specifications, or
    • provide valid documentation in support of change of ownership of the Products to the Buyer, or
    • provide valid documentation including but not limited to corresponding invoice (or certification) in support of delivery, or
    • commits any other material breach of the Purchase Contract, either (i) to scenario resulting in a material damage to the value of the Products or (ii) the commercial objective known or should be known to both Seller and Buyer becoming unachievable)

    and other information in support of delivery or any other material breach of the Purchase Contract resulting in a material damage to the value of products or the commercial objective known or should be known to both Seller and Buyer becoming unachievable) after Seller enters into a Purchase Contract with Buyer and undertakes to perform its obligations relating to product delivery as stipulated therein; and if Buyer submits a complaint to M.I.N.D and uses the Dispute Determination service provided by the M.I.N.D, Seller agrees that after M.I.N.D receives a valid compliant, M.I.N.D shall have the right to determine at its sole discretion the liability in connection with the dispute, based upon the relevant evidence, and if M.I.N.D determines that Seller has committed a breach of the Purchase Contract, Import & Export Service Provider will be entitled to, on its own or entrust a related partner, refund to Buyer for and on behalf of Seller in the amount up to the total sum of Frozen Fund and Trade Assurance Amount as set forth in the Purchase Contract (including inspection fee, if any) in order to protect the legitimate interests of Buyer. Transaction Services Rules are an undertaking and obligation of Seller to provide assurance to Buyer as stipulated in the Purchase Contract. Seller shall be solely responsible for providing such services and neither Import & Export Service Provider nor any third party shall have any obligation to provide such services to Buyer. “Frozen Fund” means the amount of fund paid by Buyer under the Purchase Contract that is in excess of the Trade Assurance Amount. Use of the Frozen Fund shall be determined in a separate agreement by and between Seller and Import & Export Service Provider.

  5. Import & Export Service Provider Services” means the comprehensive international commercial and trading services provided to Seller by Import & Export Service Provider Business Services Limited or its affiliates, including but not limited to customs declaration services for exportation, logistics services, trade financing, exchange receipt and settlement, tax return upon exportation, permitted self-managed exportation and etc. (for details please visit www.Madeinindonesia.com ).
  6. “Product Inspection Company” means the product inspection company designated for Transaction Services Rules which operates on the M.I.N.D inspection platform and provides inspection services according to the product quality standards stipulated in the Purchase Contract.
  7. “Trade Assurance Amount” or “Assurance Amount” means the Transaction monetary limit of trade assurance that Import & Export Service Provider may provide to Buyer for and on behalf of Seller under certain conditions. The Transaction Amount shall be for Buyer’s reference only and does not affect the refund that Buyer shall receive in accordance with the Purchase Contract or the Transaction Services Rules.
  8. “Working Day” shall mean any day that is not an official holiday in the Republic of Indonesia, such as Saturday, Sunday and etc.
  9. “Calendar Day” or “Day” shall mean a Calendar day in the Republic of Indonesia.

 

Chapter 2 Management of Assurance Amount

Article 3 Obtaining the Transaction Amount

  1. Seller’s profile and its transaction volume, credit standing and other data on the M.I.N.D may constitute the basis for determination of The Transaction Amount available to Seller. Import & Export Service Provider shall have the sole and absolute discretion in determining The Transaction Amount available to Seller. Each Seller may only obtain one Assurance Amount.
  2. Seller’s profile includes but not is limited to its industrial and commercial registration information, term of cooperation with the M.I.N.D and its affiliates and its performance on the M.I.N.D.
  3. The sources of Seller’s transaction volume include, but are not limited to, the following:
    • Seller’s records of exportation through Import & Export Service Provider’s comprehensive international commercial and trading services in the past [ (1) year];
    • Seller’s records records of self-managed importation and exportation in the past [(1) year] as provided by Seller.
  4. Seller’s credit standing is at present mainly determined according to the accumulatively deducted points as penalty by M.I.N.D for its violations. (Deduction of points may lead to reduction in Transaction Amount. Where points that have been deducted exceed a certain limit or Seller has committed other major violations, the provision of Transaction Services Rules cannot be activated or will be terminated.)
  5. M.I.N.D may adjust relevant rules for Transaction Amount according to industry changes and operational demands and decide the content and scope to be published.

Article 4 Display of Transaction Amount

  1. Each Seller’s Transaction Amount shall be updated from time to time and displayed on the relevant page of the M.I.N.D International Platform, and for Buyer’s reference only.
  2. If Seller owns more than one membership account on the M.I.N.D (accounts under the same business license shall be taken as belonging to one enterprise), all membership accounts of the same enterprise for which the Transaction Services Rules have been activated will display, and share the same Assurance Amount.

Article 5 Use of the Transaction Amount

  1. After Buyer has made payment under the Purchase Contract and the M.I.N.D system confirms receipt of payment, The Transaction Amount stipulated in that Purchase Contract will be frozen immediately.
  2. After a certain amount of The Transaction Amount for a particular Purchase Contract is frozen, The Transaction Amount available to Seller will be deducted accordingly; and after the frozen Assurance Amount is released, The Transaction Amount available to Seller will increase to correspond to the released amount.
  3. The specific Trade Assurance Amount under the specific Purchase Contract shall be the lower of the Contract Sum (as set out in the Trade Assurance Purchase Contract) received by the Seller and the total remaining Transaction Amount of the Seller. The Transaction Amount does not affect the refund that Buyer shall receive – any amount of the Frozen Fund exceeding The Transaction Amount shall be refunded by the Seller or refunded by Import & Export Service Provider on behalf of the Seller.
  4. Unless Seller has satisfied all of the following conditions, it may not draft the Purchase Contract:
    • Seller has satisfied the access requirements for Transaction Services Rules and, if it uses Import & Export Service Provider for exportation of the products, it has passed relevant reviews by Import & Export Service Provider on drawer and relevant products;
    • The deposit stipulated in the Purchase Contract is greater than zero;
    • No payments payable to Import & Export Service Provider and/or its affiliates are overdue;
    • There are no other risk factors that affect the Purchase Contract.

    Note: M.I.N.D and Import & Export Service Provider shall have the sole right and discretion to determine whether or not Seller has fulfilled all of the conditions specified above.

  5. Release of Assurance Amount: The Transaction Amount for a particular Purchase Contract will be released in any of the following events:
    • The Purchase Contract has been fully performed successfully;
    • Any dispute under the Purchase Contract has been fully settled (in case of refunding (not a Transaction Services Rules refund by Import & Export Service Provider for and on behalf of Seller), the amount to be refunded has been refunded in full);
    • Both Buyer and Seller have agreed to close the Trade Assurance Purchase Contract (where the Purchase Contract is cancelled or terminated);
    • Any other circumstance occurs which in the opinion of Import & Export Service Provider the Transaction Amount may be released.

Article 6 The Suspension and Termination of Transaction Service:

  1. The Service icon display for Transaction services will be temporarily suspended upon the occurrence of any of the following:

    If Supplier Services and Transaction Services Rules have been activated for Seller for the first time and lasts for more than 180 days, and no Purchase Contract has taken effect (refer to Article 7.3 for the definition of take effect) for a consecutive period of 180 days, then the Service icon display for Transaction services will be temporarily suspended. "Supplier Services" means Internet and technology support services on M.I.N.D relating to the publication of company and product information that Sellers of the Republic of Indonesia can obtain by paying for such services.

    Seller shall have the right to apply for the restoration of the Service icon during the time its display is being temporarily suspended. The Service icon shall be automatically restored if an effective Purchase Contract is entered into within [15] days of such application. The Service icon shall continue to be suspended if no effective Purchase Contract is entered into during this period and, if this is the case, Seller shall not be allowed to apply for restoration of the Service icon for a period of 30 days (counting from the 16th day following Supplier’s application for restoration).

  2. The Transaction Services Rules qualification shall be terminated upon the occurrence of any of the following:
    • Seller has unreasonably refused to enter into a transaction with a Buyer on two or more occasions;
    • The repayment from Seller of the amount refunded by Import & Export Service Provider on its behalf has been overdue for more than [one] month;
    • Seller no longer satisfies relevant access conditions for Transaction Services Rules;
    • Seller fails to use Import & Export Service Provider Services in accordance with these Rules;
    • The Contract Sum (as set out in the Transaction Purchase Contract) has not been paid to the designated bank account because of Seller (including but not limited to Seller instructing Buyer etc.);
    • Seller has violated agreements related to the Transaction Services Rules and/or these Rules, and M.I.N.D and/or Import & Export Service Provider decides to terminate Seller’s qualification to Transaction Services Rules.

 

Chapter 3 Operational Work Flow of Assurance Services

Article 7 Stage Trade Assurance

  1. First Stage: Seller drafts, amends, and submits a Purchase Contract; Buyer may also draft and submit a Purchase Contract;
  2. Second Stage: If Buyer drafts the Purchase Contract, Seller shall confirm such Purchase Contract (except in circumstances where the transaction setting in Transaction system does not require confirmation by Seller, for example, in wholesale transaction where shipping fee is included when order is placed by Buyer). If the Seller drafts the Purchase Contract, Buyer shall remit the deposit in full to the beneficiary bank account designated in the Purchase Contract in the method approved by M.I.N.D or stipulated in the contract after the submission of the Purchase Contract and before shipment, and the Purchase Contract shall have been confirmed and shall take effect upon the M.I.N.D transaction system confirming receipt of the remittance. If Buyer fails to remit the deposit in full in time, Seller shall have the right to terminate the Purchase Contract. The Purchase Contract will take effect after Buyer has remitted the deposit in full in time. If Buyer selects credit card or e-checking as the method of payment, Buyer shall be entitled to request for chargeback. In such an event, Seller shall cooperate and bear the burden of proof. In the event Seller does not provide any evidence or fails to prove its case, Seller shall be liable for the relevant losses. Whether Seller is able to successfully prove its case will usually be based on the relevant credit card issuer’s determination. The beneficiary bank account designated in the Purchase Contract shall be used for the collection of transaction payments thereunder only. Buyer and Seller shall keep and maintain such account number in a proper manner, and shall not change its use without authorization or disclose such account details improperly. Any disputes or losses caused by the use of such account or request for chargeback or other reasons shall be settled or borne by and between Buyer and Seller, and Buyer and Seller undertake to make all efforts to protect M.I.N.D and/or its affiliates from any adverse effects or losses.
  3. Third Stage: Seller shall ship the products in accordance with the terms agreed in the Purchase Contract. The Seller shall use Import & Export Service Provider’s exportation customs clearance service through the M.I.N.D system. If Seller chooses not to use Import & Export Service Provider in the exportation of the products, Seller must use shipping. M.I.N.D or third-party logistics provider to ship the products, and upload proof of the same in accordance with the reminder sent by the M.I.N.D system.
  4. Fourth Stage: Buyer may confirm receipt of products and give a review of Seller within “N calendar days” after Seller ships the products.
    • “N calendar days” means:

      i. Sea shipping: 45 days after the Actual Date of Shipment as recorded in the system (direct voyage time shall be determined by Import & Export Service Provider);
      ii. Land transportation: 30 days after the Actual Date of Shipment as recorded in the system;
      iii. Air cargo or Express: 15 days after the Actual Date of Shipment as recorded in the system.

    • Definition of “Shipment Date”: Unless otherwise agreed by Buyer and Seller, “Shipment Date” specifically refers to the date on which exportation customs clearance is completed at the port/place of loading or the track table date of pickup of the express delivery of the products. Unless otherwise mutually agreed by Buyer and Seller, the Actual Date of Shipment determined in the Dispute Determination shall be determined according to the Shipment Date recorded in the M.I.N.D Trade Assurance transaction system, except where Seller provides conclusive information on Shipment Date to the contrary (in which case such information shall prevail). If Seller chooses to use Import & Export Service Provider in the exportation of the products, the Shipment Date on the M.I.N.D Trade Assurance transaction system will usually be the date on which Seller completes export clearance. If Seller chooses not to use Import & Export Service Provider in the exportation of the products, the Shipment Date will usually be the track table date of pickup of the express delivery of the products or the date on which exportation customs clearance is completed at the port/place of loading evidenced by documentary proof submitted by the Seller, save and except where the information is proved to be fraud or erroneous.
    • Under certain transaction setting, Buyer may extend the Shipment Date for not more than 90 days (including 90 days), such as in wholesale transaction, with the Seller's permission.
    • If permitted by the M.I.N.D transaction system, Buyer and Seller may extend the expected date of arrival of the products.

Article 8 Application for Dispute Determination:

After the Purchase Contract has taken effect, a party that has submitted a complaint to M.I.N.D under the terms of the Purchase Contract may use the Dispute Determination services (i.e., dispute resolution and related services – see Agreement on Use of Complaint Center) provided by the M.I.N.D. The request should be submitted via the complainant’s valid account on M.I.N.D in accordance with the website’s guidance and instruction after the party has logged in to the M.I.N.D. A valid account generally refers to Buyer or Seller’s email address inserted into the Transaction Purchase Contract at the time of drafting, or the regular and effective account used by Buyer or Seller on M.I.N.D when Buyer or Seller confirmed the Transaction Purchase Contract.

Chapter 4 Rules for Dispute Determination in Connection with Transaction Services Rules

Article 9 Complaints and Handling

  1. Complaints
    • If a dispute arises after the Transaction Contract has taken effect, Buyer may raise a complaint through the Transaction Services Rules System (the “System”), and Seller may raise a complaint through the Complaint Center. The complaining party is referred to as complainant and the other party as respondent.
    • The complainant must fill in the reasons and grounds for raising the dispute and provides sufficient supporting documents within the time limit displayed on the System.
    • The complainant and the respondent should use their best endeavor to resolve the dispute amicably. After the complainant submits dispute complaint, the parties have 3 days to negotiate without the involvement of M.I.N.D dispute customer service representative. If no agreement is reached by the parties within the 3-days period, from the 4th day onwards, the Buyer may request M.I.N.D customer service representative to resolve the dispute, or may continue to negotiate with the Seller. If no agreement is reached by the parties, and the Buyer has not request M.I.N.D customer service representative to resolve the dispute and withdrawn its complaint, on the 7th day from the date of complaint, the system will escalate the complaint to a customer service representative of M.I.N.D automatically for Dispute Determination. Prior to the M.I.N.D customer service representative’s involvement, Buyers and Seller shall be responsible for any risk and the outcome of their negotiation. If during the course of Dispute Determination, the parties reached a settlement, a written settlement agreement or other agreement in writing shall be provided to M.I.N.D which will then cease the Dispute Determination. The results of implementation and enforcement of the settlement by the parties are outside the scope of Transaction Service, if either party is not satisfied with such settlement or enforcement results, the parties shall resolve the matter on their own through consultation.
  2. Complaint Withdrawal
    • The complainant may withdraw the complaint before M.I.N.D makes any determination on the complaint.
    • The respondent shall not lure, engage in any fraudulent act to make, or coerce the respondent to withdraw the complaint.
  3. Claim Period
    • Buyer must raise a complaint for M.I.N.D Dispute Determination within the applicable claim period in order to activate the Dispute Determination process, failing which, M.I.N.D shall have no obligation to accept the complaint.
    • The Claim Period may vary depending on the shipment method in the Purchase Contract but in no case shall it exceed 30 calendar days after the Date of Confirmed Receipt of the Products.

    Notice: After M.I.N.D receives the request for Dispute Determination, M.I.N.D will notify the respondent about the complaint by mail, telephone, or other methods as deemed appropriate.

  4. Counter-notice
    • After being notified by M.I.N.D, the respondent should submit a counter-notice for the complaint within [3] Working Days and provide sufficient supporting evidence.
    • If the respondent fails to submit a counter-notice in time or fails to provide sufficient evidence to support its counter-notice, M.I.N.D will make decisions based on the existing supporting evidence available.
  5. Supporting Evidence
    • The data and information recorded in the systems of M.I.N.D, Import & Export Service Provider or its affiliate and the M.I.N.D International Platform shall serve as the primary evidence and basis for determination of any dispute. Other information and record shall only serve as supplemental information for Dispute Determination.
    • Both Buyer and Seller shall ensure that the supporting evidence provided is true, complete, valid and lawful. M.I.N.D does not guarantee that the supporting evidence submitted by either party is true, complete and accurate and shall not be responsible if such information is untrue or misleading.

Article 10 Dispute Determination

  1. Buyer or Seller’s use of M.I.N.D’s Dispute Determination service shall be taken as indication from the relevant party that M.I.N.D has the right to make an independent decision (often referred to as “adjudication”, “dispute settlement decisions” or “mediation decision”) on any disputes related to the Purchase Contract in the capacity of a normal and non-professional person. Both Buyer and Seller understand and agree that M.I.N.D will not be liable for any imperfect, defective, improper or faulty decisions regarding compensation, settlement of claims, payment and disposal, etc., as it is not a professional judicial authority.
  2. After the Purchase Contract has taken effect, if Seller commits any of the following breaches of the Purchase Contract, Seller will be considered by M.I.N.D to have breached the Purchase Contract and will be required to refund the amount of Contract Sum (as set out in the Trade Assurance Purchase Contract) already received or an amount mutually agreed upon by the Buyer and Seller (in accordance with the system records of the Complaints Platform), or other amount as designated by M.I.N.D (Partial refund shall be conditional upon the Buyer’s acceptance of the Seller’s act of breach of contract) and will be subject to penalty terms by M.I.N.D accordingly:
    • Seller refuses to deliver products in bad faith: Namely, Seller expressly states that it is not going to ship out the products in a Purchase Contract without any valid reason;
    • Seller fails to deliver the goods in time: Seller fails to deliver the products within the specified period of time and Buyer does not agree to a new Shipment Date (unless due to reasons attributable to Buyer);
    • False delivery: Seller claims to have delivered the goods but fails to provide a valid evidence of shipment or has provided a false evidence of shipment;
    • Inconformity of delivered products with the Purchase Contract: products delivered by Seller which do not conform to quality provisions of the Purchase Contract, damaged packages or shortages in quantity in breach of the Purchase Contract, thereby resulting in a material damage to the value of delivered products, or the commercial objective known or should be known to both Buyer and Seller becoming unachievable. In case of failure by both Buyer and Seller to reach any agreement regarding the inconformity of delivered products with the Purchase Contract, the party trying to establish a claim shall provide effective, complete and accurate evidence, like photos and videos, to prove its claim. If any of such evidence is determined by M.I.N.D to be insufficient, the parties shall submit an inspection report issued by a designated inspection company;
    • Defective Shipping documents and other material breaches: Seller fails to deliver documents of title to the goods as agreed, fails to provide shipping documents (custom clearance documents or certifications) or other documents as agreed or has committed other serious breaches, thereby resulting in severe loss to the products’ value, or failure to achieve the major business objectives known or should have been known by both Buyer and Seller.
    • Buyer shall provide sufficient evidence to prove that Seller has committed the above breach. Such evidence includes evidence provided by Buyer itself or any evidence provided by any third party. Both the Buyer and Seller agree that M.I.N.D shall have the right to unilaterally determine the reasonableness, completeness, effectiveness or sufficiency of the evidence. If any party disagrees with the evidence provided, such party shall provide evidence to the contrary to M.I.N.D for use in its determination, otherwise such party shall bear the adverse consequences.
  3. After Buyer submits a request for M.I.N.D to resolve a dispute over product quality, Buyer shall provide effective, complete and accurate evidence, like photos and videos if a product’s problem can be proven through photos and videos. If M.I.N.D determines that Buyer shall provide more evidence to supplement its claim, Buyer shall at the request of M.I.N.D instruct one of the designated Product Inspection Company [designated contact information] to inspect the products and pay the relevant inspection fees. M.I.N.D shall make a decision on the dispute based on the product inspection report issued by the Product Inspection Company. The inspection fees shall be borne by the party in breach according to Dispute Determination outcome. If Buyer and Seller did not expressly agree on the quality of the products, the Product Inspection Company shall have the right to issue the quality inspection report based on the relevant industry standards. M.I.N.D may reject any product inspection reports issued by other product inspection companies. If the products cannot be inspected due to reasons or faults attributable to a particular party, such party shall be liable for any damage or liability arising therefrom.
  4. If Import & Export Service Provider decides to refund the amount of Contract Sum (as set out in the Trade Assurance Purchase Contract) already paid by Buyer on behalf of Seller, Import & Export Service Provider shall, under normal conditions, remit the funds to be refunded (which shall not exceed the total sum of Trade Assurance Amount and Frozen Fund (and inspection fee, if any, should be refunded to Buyer) to Buyer’s original payment bank account within [7] days after Buyer provides correct bank account information. If the sum to be refunded by Seller exceeds the Transaction Amount, such excessive amount shall firstly be paid by Seller to Import & Export Service Provider, who shall then pay the same to Buyer on Seller’s behalf; Buyer shall bear all relevant bank fees associated with any refund.
  5. Buyer and Seller shall agree in writing on all terms not explicitly set out in the Purchase Contract (such as, but not limited to, any arrangements relating to return of products under the Purchase Contract). In the absence of agreed product return arrangement, and if Buyer has already received the products at the time of dispute, and provided that Dispute Determination has decided that the Seller shall refund the amount of Contract Sum (as set out in the Trade Assurance Purchase Contract) received by Seller to the Buyer, the Buyer shall coordinate with the Seller timely on the product return. The Seller shall bear all fee incurred for the product return, and make arrangement for the return. The Seller shall be responsible for any risk in connection with transiting the return products. If the Buyer does not comply with the requirement above, no refund will be allowed. The Purchase Contract will be terminated upon Buyer’s receipt of the refunded amount.

Article 11 Disclaimer

Buyer acknowledges and agrees that Buyer will not receive any refunds from Import & Export Service Provider in the event of any of the followings:

  1. The products underlying the transaction of the Purchase Contract do not comply with the relevant laws, regulations, policies, rules and M.I.N.D International Platform Rules;
  2. The contractual terms agreed between the Buyer and Seller (including without limitations, terms related to Shipment Date, product quality and payment amount) are unclear, ambiguous or unenforceable contractual terms with reference to the terms in the Trade Assurance Purchase Contract;
  3. Buyer did not pay the amount of Contract Sum (as set out in the Trade Assurance Purchase Contract) in accordance with the timing, currency and payment methods approved by M.I.N.D as agreed in the Purchase Contract to the designated beneficiary bank account;
  4. Buyer’s payment account is fake or untraceable or cannot be authenticated;
  5. Buyer provided false information or the information provided cannot be verified;
  6. After a request for dispute determination is submitted and before M.I.N.D lays down a decision, Seller had delivered the products under a Purchase Contract or made the refund to Buyer;
  7. M.I.N.D has reason to believe that Buyer and Seller had conspired in bad faith;
  8. Buyer can no longer operate its account at the M.I.N.D International Platform;
  9. The products of the Purchase Contract cannot be exported due to any laws, regulations and/or policies;
  10. Buyer knew or should have known that the Seller should have used but did not use Import & Export Service Provider Services during the term of the Purchase Contract but proceeded to pay the amount of Contract Sum (as set out in the Trade Assurance Purchase Contract)
  11. Buyer fails to provide, in accordance with M.I.N.D’s request, effective, complete and accurate evidence; or
  12. During the period of complaint for overdue goods or before the complaint is filed, Buyer expressly confirms acceptance of Seller’s late shipment;
  13. Buyer and Seller have reached a settlement plan during the period of complaint, and no compliant has been re-submitted during the applicable claim period.
  14. Buyer did not retain the necessary evidence as required to prove its case causing M.I.N.D unable to carry out Dispute Determination; and
  15. Buyer failed to timely coordinate with the Seller on the return of product, when product return is required.
  16. Any other faults attributable to Buyer.

Article 12 Termination of Purchase Contract

M.I.N.D has the right to immediately terminate the Purchase Contract and take any relevant enforcement actions against the party in breach in the event of any of the followings:

  1. M.I.N.D has accepted and made a determination on a dispute request and decided to terminate the Purchase Contract at the same time;
  2. M.I.N.D has reason to believe that Buyer and Seller had conspired in bad faith;
  3. Buyer, Seller or the performance of the Purchase Contract is or is alleged to be in breach of any relevant laws, regulations, policies, rules or orders of any competent authority/ies;
  4. Either party’s account at the M.I.N.D International Platform is terminated for any reason, or the Purchase Contract cannot be performed due to any penalties imposed; or
  5. Either party or the Purchase Contract itself is in breach of any service rules or website policies of the M.I.N.D International Platform or the M.I.N.D International Platform Rules.
  6. Seller failed to ship the products within a reasonable time period, and no compliant has been submitted by Buyer.

Article 13 Credit Card Chargeback, Advance and Collection

  1. “Credit Card Chargeback” means the application submitted by a credit card holder to the bank for refusing payment for a certain transaction on the bill within a period of time (120 days in general, or up to 540 days for certain payment service providers) after payment for a Purchase Contract.
  2. “Advance Payment” means the refund by Import & Export Service Provider or its affiliate(s) on behalf of an eligible Seller to the Buyer in accordance with relevant provisions of the Rules.
  3. After the Buyer submits to the bank an application for Credit Card Chargeback, and M.I.N.D notifies the Seller of such Credit Card Chargeback, the Seller shall prepare for the submission of evidence to defend itself against such Credit Card Chargeback according to the time limit as notified. The Seller shall undertake the obligation of defense and burden of proof in respect of such Credit Card Chargeback and all the consequences arising therefrom. If such defense fails due to reasons attributable to the Seller, for instance, failure to provide evidence or waiver of provision of evidence, the Seller shall compensate Import & Export Service Provider or its affiliate(s) for the amount charged back. M.I.N.D will notify the Seller of the result of the defense and the amount charged back (in the event of a failed defense), and the Seller shall pay such amount to the designated account as notified.
  4. If the Seller loses in the investigation of the Credit Card Chargeback or waives defense and subsequently fails to perform its repayment obligations within the specified time, Import & Export Service Provider or its affiliate(s) shall be entitled to claim against the Seller for the sum of Advance Payment.
  5. If, when the credit card holder submits the application for Credit Card Chargeback, the relevant Purchase Contract submitted to M.I.N.D for Dispute Determination has not been completed, M.I.N.D will suspend the Dispute Determination process. If the application for Credit Card Chargeback is established, M.I.N.D shall have the right to terminate the Dispute Determination process and/or cease the relevant transaction. If the Seller wins in the defense, M.I.N.D shall have the right to resume the Dispute Determination process based on the determination result. If, when the credit card holder submits the application for Credit Card Chargeback, the relevant dispute has already been resolved through the Dispute Determination process by M.I.N.D or that negotiations between the Seller and the Buyer have already been completed, but Import & Export Service Provider or its affiliate(s) has not yet processed any Advance Payment, then Import & Export Service Provider or its affiliate(s) may choose to suspend the processing of any Advance Payment until the determination of the chargeback process, and follow the result as determined by the bank or other third party. The Seller shall proactively defend itself against any application for Credit Card Chargeback and provide relevant evidence in accordance with the requirements and time limit as determined by M.I.N.D, regardless of whether any decision has been made by M.I.N.D under the Dispute Determination process.
  6. In the event where the Seller loses in the investigation of the Credit Card Chargeback, Import & Export Service Provider or its affiliate(s) may, under the following circumstances, waive any claim against the Seller, in part or in whole:
    • The credit card holder applies for Credit Card Chargeback on the ground that the use of such credit card is not authorized by the credit card holder (including stolen card or fraud), in which case the disclaimer clauses in the Fraud Chargeback Protection shall apply;
    • Prior to the credit card holder’s application for Credit Card Chargeback (save for the circumstances as described in Article 13.6.1), M.I.N.D has already accepted the credit card holder’s application for Dispute Determination and determined that the Seller shall have no liability; and the credit card holder subsequently applies for Credit Card Chargeback with the same or similar reason and there is no circumstance arisen under which M.I.N.D has the right to reevaluate the Dispute Determination decision (including but not limited to submission of new evidence by the credit card holder or the Seller is found to have provided false evidence);
    • The Buyer and the Seller have reached a settlement agreement in respect of a dispute relating to the Credit Card Chargeback and the Seller has performed its obligations under such agreement, and that the transaction between the Buyer and the Seller is true and the Seller commits no default or other fault; then the Buyer subsequently applies to the bank for Credit Card Chargeback with the same or similar reason;
    • Any other circumstances under which Import & Export Service Provider or its affiliate(s) has waived any claim, including but not limited to system failure.
  7. In the event where Import & Export Service Provider or its affiliate(s) may have the right to waive any claim against the Seller in part or in whole, the Seller is still obliged to provide the evidence for defense against Credit Card Chargeback as required by M.I.N.D. If the Seller fails to cooperate, or delays in the provision of evidence, or cannot provide valid evidence within a specified time, thereby causing the success of a Credit Card Chargeback application, then Import & Export Service Provider shall still have the right to claim the sum of the Advance Payment from the Seller.
  8. Pursuant to the Rules, the Seller is required to repay the sum of Advance Payment made by Import & Export Service Provider or its affiliate(s), the Seller shall perform its repayment obligation within the specified time. Otherwise, the Seller shall also bear the liquidated damages for overdue repayment and all relevant costs incurred by Import & Export Service Provider and its affiliate(s) arising from any enforcement actions pursuant to such overdue sum (including but not limited to attorney’s fees, travelling expenses and notarial fees).

Chapter 5 Transaction Services Rules Penalty Rules

Article 13 Prohibited Acts

Upon the occurrence of any of the following, the party in breach shall be subject to penalties in accordance with these Rules:

  1. After receiving Buyer’s intention to enter into a Purchase Contract, Seller refuses to draft the Purchase Contract without any valid reason;
  2. After Import & Export Service Provider pays the refunded payment to Buyer for and on behalf of Seller, Seller fails to reimburse the sum to Import & Export Service Provider at the designated bank account in full within [15] calendar days;
  3. Giving negative comments or raising complaints against the other party in bad faith, or using such means to blackmail the other party;
  4. Buyer did not pay the remaining balance of the amount of Contract Sum (as set out in the Trade Assurance Purchase Contract) to Seller in accordance with the terms of the Purchase Contract without any valid reason;
  5. Providing false documents, information or supporting documents;
  6. Buyer and Seller maliciously conspire, or engage in other material dishonest conduct.
  7. Seller should have used but did not use Import & Export Service Provider Services; or the amount of Contract Sum (as set out in the Trade Assurance Purchase Contract) has not been paid to the designated bank account because of the Seller (including but not limited to Seller instructing Buyer etc.);
  8. Buyer and Seller committed other breaches of the Purchase Contract or these Rules.

Article 14 Penalties for Breach

  1. M.I.N.D will take the relevant enforcement action against the party in breach of these Rules based on the extent of breach. If the party in breach has more than one membership accounts at the madeiindonesia.com M.I.N.D shall have the right to take the same enforcement action against all such membership accounts.
  2. Until completion of the dispute determination process by M.I.N.D and/or full payment of any refund according to the dispute determination result, the balance of Seller’s Transaction Amount will be frozen.
  3. If Seller breaches Section 13.1 of these Rules, M.I.N.D shall have the right to take the following enforcement actions against Seller:
    Number of Breaches (within a year) Enforcement Actions
    Once Warning
    Twice or less Terminate Seller’s Transaction Services Rules and prohibit Seller from reapplying for such services for ninety [90] days from the date of such termination
    • Every act of breach will remain on record for three hundred and sixty-five days [365] days.
    • Seller will not be able to reapply for Transaction Services Rules within ninety [90] days after withdrawal from such services on a voluntary basis.
    • Every act of breach will be recorded as at the time when M.I.N.D makes a determination on the dispute.
    • If the same Buyer repeatedly raises multiple complaints against the same Seller for the same breach relating to a Purchase Contract, all such complaints will be counted as one complaint.
  4. If Seller breaches Section 13.2 of these Rules, Seller will face the following enforcement actions:
    Number of days past due Enforcement Actions
    0 – 15 days Freeze Trade Assurance Amount
    16 days or above Freeze Trade Assurance Amount and deduct 3-48 penalty points in accordance with the Rules for Enforcement Action against Non-Compliance of Transactions on M.I.N.D
    1 month or more Cancel all Trade Assurance Amount
    2 months or more Terminate Seller’s Indonesia Gold Supplier Services; M.I.N.D shall also have the right to make publicly known Seller’s bad faith activity/ies and report such activity to the credit agency under the Bank Republic of Indonesia.

    Note: “Freeze Transaction Amount” means that Seller’s Transaction Amount and the relevant logo will continue to be displayed on the Madeinindonesia.com, but Seller will not be able to draft new Purchase Contracts; “Cancel Trade Assurance Amount” means that all of Seller’s Transaction Services Rules logo and Transaction Amount will be cancelled and revoked and all relevant services will be terminated.

  5. If Buyer breaches any of Sections 13.3, 13.4, 13.5 or 13.6, Buyer’s account at the madeinindonesia.com will be terminated.
  6. If Transaction Amount is cancelled and there are other Purchase Contracts that are in operation, then:
    • If Buyer has already paid the deposit and M.I.N.D has determined that such payment cannot be refunded directly, then both Buyer and Seller should continue to carry out the Purchase Contract;
    • If Seller has already delivered the products, then both Buyer and Seller shall continue to carry out the Purchase Contract.
  7. If Seller breaches Section 13.7 of these Rules, Seller will be disqualified from Transaction Services Rules.
  8. If Seller’s qualification of Transaction Services Rules was terminated due to penalty, the Seller will not be able to reapply for such services for ninety (90) days from the date of such termination.

Chapter 6 Miscellaneous

Article 15 Miscellaneous

  1. M.I.N.D shall have the right to amend, revise and publish on the M.I.N.D these Rules from time to time based on the actual performance of the Transaction Services Rules and the amended and revised Rules will take effect on the designated date or, if there is no such designated date, the date it is published on the M.I.N.D International Platform.
  2. “Madeindonesia.com” in these Rules means the operator of the M.I.N.D (www.Madeinindonesia.com).
  3. “Import & Export Service Provider” in these Rules means Indonesia Import & Export Service Provider Business Services Limited (the operator of the Import & Export Service Provider Services) or its affiliates.
  4. If any party has any disagreement to these Rules, such party should stop using the Transaction Services Rules and immediately notify the other party, M.I.N.D, and Import & Export Service Provider. By executing and performing the Purchase Contract and/or using any Transaction Services Rules, such party will be deemed to have accepted and agreed to be bound by these Rules.
  5. The English version of these Rules is for reference purposes only. In the event of any inconsistency between the Indonesia and English versions of these Rules, the English version shall prevail.