Terms of Service

Definitions

In these Terms, the following words and phrases have the meanings set out below:

• "Firm," "we," "us," or "our" means OPENGATE ADVISORY, a law firm established under the laws of the Republic of Indonesia, with its principal office at Kav. 65E, Jln. Kebon Jeruk V, West Jakarta, Jakarta, Indonesia.
• "Website" means the website accessible at www.opengateadvisory.com and all subpages, subdomains, and language versions thereof (including id.html and jp.html).
• "User," "you," or "your" means any individual or legal entity that accesses or uses the Website.
• "Services" means the legal advisory, litigation support, arbitration, corporate, and ancillary services provided by the Firm to its clients.
• "Client" means a person or entity that has entered into a formal engagement agreement with the Firm for the provision of Services.
• "Content" means any text, images, graphics, articles, publications, legal insights, data, or other materials published on the Website.
• "Applicable Law" means the laws and regulations of the Republic of Indonesia, including but not limited to Law No. 18 of 2003 on Advocates (Undang-Undang Advokat), Law No. 27 of 2022 on Personal Data Protection (UU PDP), and all other applicable statutes, regulations, and professional codes of conduct.

Acceptance of Terms

By accessing, browsing, or using any part of this Website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are using the Website on behalf of a company, organisation, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, "you" and "your" shall also refer to that entity.

We reserve the right to modify these Terms at any time. We will indicate the date of the most recent revision at the top of this page. Users who do not agree with any updated Terms should immediately cease using the Website.

Website Use

3.1 Permitted Use

You may use the Website solely for lawful purposes and in accordance with these Terms. You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Website for your personal or internal business purposes.

3.2 Prohibited Conduct

You agree that you will not, directly or indirectly:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or servers and networks connected to it.
• Attempt to gain unauthorised access to any portion of the Website, or any systems or networks connected to the Website, by hacking, password mining, or any other means.
• Use any robot, spider, crawler, scraper, or other automated means to access the Website for any purpose without our prior written consent.
• Introduce any viruses, Trojan horses, worms, or other harmful material to the Website.
• Reproduce, duplicate, copy, sell, resell, or otherwise exploit the Content or the Website for any commercial purpose without our express written consent.
• Use the Website for any purpose that is unlawful or prohibited by Applicable Law or these Terms.
• Collect or harvest any personally identifiable information from the Website without authorisation.
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity.

We reserve the right to terminate or restrict your access to the Website at any time, for any reason, without notice.

Legal Services

The provision of legal Services by the Firm to any Client is subject to a separate written engagement agreement ("Engagement Letter") executed between the Firm and the Client. The terms and conditions of such Engagement Letter shall govern the specific Services provided and shall take precedence over these Terms in the event of any conflict relating to those Services.

4.1 Service Models

The Firm offers Services under the following general arrangements, the specific terms of which will be agreed in the relevant Engagement Letter:

• Retainer Services: Ongoing legal support under a monthly or periodic retainer agreement.
• Project-Based: Legal services scoped and billed per discrete matter or project.
• Hourly Consultation: Legal advice billed at the Firm's prevailing hourly rates.

4.2 Scope of Services

Unless otherwise specified in a written Engagement Letter, the Firm's Services are limited to matters governed by Indonesian law. The Firm does not hold licences to practise foreign law and any information provided regarding foreign legal systems is for general informational purposes only and does not constitute legal advice.

4.3 Client Obligations

Clients are required to provide timely, accurate, and complete information and documents as reasonably requested by the Firm in order for the Firm to render the Services effectively. Failure to do so may affect the quality or timeliness of the Services and the Firm shall not be liable for any resulting prejudice to the Client.

No Attorney-Client Relationship

An attorney-client relationship is established only upon the execution of a written Engagement Letter and the payment of any required retainer or advance fee, as applicable. Until such time, any information you submit to us is not protected by attorney-client privilege.

The Content published on this Website, including any legal insights, articles, or commentary, is provided for general informational and educational purposes only. It does not constitute legal advice, does not create any professional duty, and should not be relied upon as a substitute for consultation with a qualified attorney who is familiar with your specific circumstances.

We strongly recommend that you seek independent legal counsel before acting on any information obtained from this Website.

Confidentiality

Once a formal attorney-client relationship has been established pursuant to a signed Engagement Letter, the Firm is bound by the professional confidentiality obligations under the Indonesian Advocates Law (Law No. 18 of 2003), the Indonesian Bar Association (PERADI) Code of Ethics, and Applicable Law.

The Firm will:

• Keep all information and documents disclosed by the Client in the course of the engagement strictly confidential.
• Not disclose such confidential information to any third party without the Client's prior written consent, except as required by Applicable Law, court order, or regulatory authority.
• Implement reasonable security measures to protect confidential Client information from unauthorised access, disclosure, or loss.

The confidentiality obligation survives the termination of the engagement and continues indefinitely unless otherwise agreed in writing or required by Applicable Law.

Fees & Billing

7.1 Fee Arrangements

The Firm's fees are set out in the applicable Engagement Letter. Unless otherwise agreed in writing, fees are billed in Indonesian Rupiah (IDR). The Firm may require an advance retainer payment prior to commencing work.

7.2 Expenses

In addition to professional fees, the Client is responsible for all reasonable out-of-pocket expenses incurred by the Firm on behalf of the Client, including but not limited to court filing fees, notarial fees, travel expenses, translation costs, and government levies.

7.3 Invoicing & Payment

• Invoices are issued in accordance with the terms set out in the Engagement Letter.
• Payment is due within the period specified in the invoice, unless otherwise agreed.
• The Firm reserves the right to suspend or terminate Services in the event of non-payment.
• Disputed invoices must be raised in writing within 14 (fourteen) calendar days of receipt. Failure to do so constitutes acceptance of the invoice.

7.4 Taxes

All fees are exclusive of applicable taxes (including Value Added Tax / PPN) unless expressly stated otherwise. The Client is responsible for any applicable tax arising from the provision of Services.

Intellectual Property

All Content on the Website — including but not limited to text, graphics, logos, icons, images, legal articles, and software — is the property of OPENGATE ADVISORY or its content suppliers and is protected by the intellectual property laws of the Republic of Indonesia (Law No. 28 of 2014 on Copyright) and applicable international treaties.

You may not, without our prior written consent:

• Reproduce, distribute, or publicly display any Content from the Website.
• Create derivative works based on the Content.
• Use any Content for commercial purposes.
• Remove or alter any copyright, trademark, or other proprietary notices.

You are permitted to print or download limited extracts of Content from the Website for your personal, non-commercial reference, provided that you do not modify the materials and you acknowledge the Firm as the source.

8.1 Work Product

Legal work product, memoranda, opinions, and other materials prepared by the Firm specifically for a Client remain the intellectual property of the Firm until full payment is received, after which copyright in such materials is assigned to the Client to the extent permitted by Applicable Law and as specified in the Engagement Letter.

8.2 Trademarks

"OPENGATE ADVISORY" and the associated logo are trademarks of the Firm. Nothing on the Website grants you any right to use our trademarks without prior written permission.

Disclaimer of Warranties

The Website and its Content are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy.

The Firm does not warrant that:

• The Website will be available, uninterrupted, timely, secure, or error-free at all times.
• The results that may be obtained from the use of the Website will be accurate or reliable.
• Any errors on the Website will be corrected.
• The Content is current, complete, or applicable to your particular circumstances.

The Content on the Website reflects the law as at the date of publication and may not reflect subsequent legal developments. Laws and regulations change frequently, and the information on this Website may become outdated.

Limitation of Liability

To the fullest extent permitted by Applicable Law, in no event shall OPENGATE ADVISORY, its partners, associates, employees, agents, or successors be liable for any:

• Indirect, incidental, special, consequential, or punitive damages;
• Loss of profits, revenue, data, goodwill, or business opportunities;
• Damages arising from your use of, or inability to use, the Website or the Content;
• Damages arising from reliance on any information published on the Website without first obtaining formal legal advice.

Where the Firm's liability cannot be excluded by law, our aggregate liability to you shall not exceed the total professional fees paid by you to the Firm in the three (3) months immediately preceding the event giving rise to the claim.

Third-Party Links

The Website may contain links to third-party websites or resources. These links are provided solely for your convenience. The Firm has no control over the content, privacy practices, or availability of such third-party websites and does not endorse or assume responsibility for them.

Accessing any third-party website linked from this Website is at your own risk, and you should review the terms and privacy policies of any such websites before using them. The inclusion of a link does not imply endorsement, approval, or association with the linked party.

Privacy & Personal Data

The collection, processing, and storage of personal data through the Website and in the course of providing Services is governed by our Privacy Policy, which forms an integral part of these Terms.

The Firm is committed to complying with Law No. 27 of 2022 on Personal Data Protection (Undang-Undang Perlindungan Data Pribadi / UU PDP) and all other applicable data protection regulations. By using the Website or engaging our Services, you consent to the collection and processing of your personal data as described in our Privacy Policy.

If you submit a contact form, newsletter subscription, or any inquiry through the Website, you consent to the Firm contacting you for the purpose of responding to your inquiry and, where applicable, providing you with legal updates. You may withdraw consent at any time by contacting us at the details provided in Section 15.

Governing Law & Dispute Resolution

13.1 Governing Law

These Terms and any dispute arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Indonesia.

13.2 Dispute Resolution

In the event of a dispute between you and the Firm arising from these Terms or your use of the Website, the parties agree to attempt to resolve the dispute through good-faith negotiation. If the dispute cannot be resolved through negotiation within 30 (thirty) calendar days, the parties agree to:

1. Mediation — the parties shall first submit the dispute to mediation under the Indonesian Mediation Rules of the Indonesian National Board of Arbitration (BANI) or such other mediator as the parties may agree.
2. Arbitration — if mediation fails, the dispute shall be finally resolved by binding arbitration administered by the Indonesian National Board of Arbitration (BANI) in Jakarta, Indonesia, in accordance with BANI's arbitration rules then in force. The arbitral award shall be final and binding. The language of arbitration shall be Indonesian or English, as agreed between the parties.

Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief from a competent court.

13.3 Jurisdiction

For matters not subject to arbitration, you agree to submit to the exclusive jurisdiction of the South Jakarta District Court (Pengadilan Negeri Jakarta Selatan) for the resolution of any disputes.

Amendments & Severability

14.1 Amendments

The Firm reserves the right to modify, update, or replace these Terms at any time at its sole discretion. Any amendments will be effective immediately upon posting the revised Terms to the Website. The "Last Revised" date at the top of this page will be updated accordingly. We may also notify registered users or newsletter subscribers of material changes by email.

14.2 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect.

14.3 Waiver

The Firm's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless expressly acknowledged and agreed to in writing by the Firm.

14.4 Entire Agreement

These Terms, together with the Privacy Policy and any applicable Engagement Letter, constitute the entire agreement between you and the Firm with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, and understandings.

Contact Us

If you have any questions, concerns, or complaints about these Terms or the Firm's practices, please do not hesitate to contact us using the details below. We aim to respond to all enquiries within 2 (two) business days.