Terms of Service

1. Introduction and Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "User," or "You") and OPENGATE ADVISORY ("Firm," "We," "Us," or "Our"). By accessing our website at https://opengateadvisory.com (the "Site") or engaging our legal services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1.1 Eligibility

To use our services, you must:

• Be at least 18 years of age or have reached the age of majority in your jurisdiction
• Possess the legal authority to enter into binding contracts
• Agree to and abide by these Terms
• Provide accurate and complete information as required

1.2 Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our Site with a new effective date. Your continued use of our services after such changes constitutes your acceptance of the revised Terms.

2. Legal Services and Engagement

OPENGATE ADVISORY provides legal services in various practice areas as described on our Site. The following terms govern our attorney-client relationship:

2.1 Engagement Process

An attorney-client relationship is established only when:

1. We have expressly agreed to provide you with legal services
2. We have completed our conflict check procedures
3. You have agreed to our engagement terms and fee structure
4. We have confirmed the engagement in writing

2.2 Scope of Services

The specific scope of legal services will be defined in a written engagement letter. Our services are limited to the matters expressly described in the engagement letter. Any additional services require a separate or amended engagement agreement.

2.3 Fees and Billing

Our fee structure will be detailed in the engagement letter and may include:

• Hourly Rates: Based on time spent by attorneys and legal staff
• Flat Fees: For specific, well-defined legal matters
• Retainer Arrangements: Advance payments against which fees are billed
• Contingency Fees: Where permitted by law and agreed in writing

All fees are quoted in Indonesian Rupiah (IDR) unless otherwise agreed. We reserve the right to adjust our fees with reasonable notice.

2.4 Client Responsibilities

As our client, you agree to:

• Provide complete, accurate, and timely information
• Cooperate with our reasonable requests
• Make timely payments for services rendered
• Disclose all material facts relevant to your legal matter
• Inform us of any changes in your circumstances

3. Intellectual Property Rights

All content on our Site and materials provided in connection with our services are protected by intellectual property laws.

3.1 Ownership

We retain all rights, title, and interest in and to:

• Our website design, layout, and graphics
• Our firm name, logo, and trademarks
• Legal documents, templates, and forms created by us (except those specifically prepared for your matter)
• Published articles, blog posts, and legal updates

3.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to:

• Access and use our Site for personal, non-commercial purposes
• Download and print copies of publicly available materials for your reference
• Use legal documents prepared specifically for your matter as intended

3.3 Restrictions

You may not:

• Modify, copy, or distribute our proprietary materials without permission
• Use our content for commercial purposes without authorization
• Remove or alter copyright notices
• Reverse engineer or attempt to extract source code from our Site

4. User Conduct and Prohibited Activities

When using our Site or services, you agree not to:

4.1 Prohibited Activities

• Use our services for any unlawful purpose
• Provide false, misleading, or inaccurate information
• Interfere with or disrupt the security or functionality of our Site
• Attempt to gain unauthorized access to our systems or other clients' information
• Transmit viruses, malware, or other harmful code
• Engage in harassment, discrimination, or abusive behavior toward our staff
• Use our services to infringe upon others' rights

4.2 Termination of Access

We reserve the right to suspend or terminate your access to our services if you violate these Terms or engage in conduct that we determine, in our sole discretion, to be harmful to our firm, other clients, or third parties.

5. Third-Party Links and Content

Our Site may contain links to third-party websites or resources. We provide these links for your convenience only.

5.1 No Endorsement

We do not endorse, control, or assume responsibility for:

• The content, accuracy, or practices of third-party websites
• Any products or services offered by third parties
• The privacy policies or data practices of third parties

5.2 Your Responsibility

You acknowledge that you access third-party websites at your own risk. We encourage you to review the terms and privacy policies of any third-party websites you visit.

6. Confidentiality and Data Protection

We are committed to protecting your confidential information in accordance with applicable laws and professional ethical rules.

6.1 Attorney-Client Privilege

Communications between you and our attorneys are protected by attorney-client privilege, subject to applicable legal exceptions.

6.2 Confidential Information

We will maintain the confidentiality of your information in accordance with our Privacy Policy and applicable laws, including Indonesia's data protection regulations.

6.3 Exceptions to Confidentiality

We may disclose confidential information when required by:

• Court order or legal process
• Professional ethical rules
• Our duty to prevent imminent harm or crime
• Your written authorization

7. Disclaimer of Warranties

Our services and Site content are provided "as is" and "as available" without warranties of any kind.

7.1 No Guarantee of Results

We do not guarantee specific outcomes or results from our legal services. Legal matters involve inherent uncertainties, and outcomes depend on various factors beyond our control.

7.2 Informational Content

Content on our Site, including articles, blog posts, and legal updates, is for informational purposes only and does not constitute legal advice. You should consult with an attorney regarding your specific legal situation.

7.3 Website Availability

We do not guarantee that our Site will be available uninterrupted, secure, or error-free. We may suspend or withdraw our Site for maintenance, updates, or other reasons without notice.

8. Limitation of Liability

To the fullest extent permitted by applicable law, our liability is limited as follows:

8.1 Cap on Liability

Our total liability to you for any claim arising from or related to our services shall not exceed the total fees you paid to us for the specific matter giving rise to the claim in the twelve (12) months preceding the claim.

8.2 Excluded Damages

In no event shall we be liable for any:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages resulting from third-party claims
• Damages beyond our reasonable control

8.3 Exceptions

These limitations do not apply to:

• Liability for death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be limited or excluded by applicable law

9. Indemnification

You agree to indemnify, defend, and hold harmless OPENGATE ADVISORY, its partners, attorneys, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• Your use of our services or Site
• Your violation of these Terms
• Your violation of any rights of a third party
• Your provision of inaccurate or incomplete information

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms and any disputes arising from them shall be governed by and construed in accordance with the laws of the Republic of Indonesia, without regard to its conflict of law principles.

10.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms shall be resolved as follows:

1. Negotiation: Parties shall attempt to resolve the dispute through good faith negotiation for at least 30 days
2. Mediation: If negotiation fails, parties shall attempt mediation through a mutually agreed mediator
3. Arbitration/Litigation: If mediation fails, disputes shall be submitted to the exclusive jurisdiction of the courts of Jakarta, Indonesia

10.3 Class Action Waiver

You agree to resolve disputes on an individual basis and waive any right to participate in class actions, class arbitrations, or representative actions.

11. Miscellaneous Provisions

11.1 Entire Agreement

These Terms, together with our Privacy Policy and any engagement letters, constitute the entire agreement between you and OPENGATE ADVISORY regarding our services.

11.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

11.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations to a successor entity in connection with a merger, acquisition, or sale of assets.

11.5 Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, government actions, wars, terrorism, strikes, or internet failures.

12. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Update the "Effective Date" at the bottom of these Terms
• Post the updated Terms on our Site
• Notify existing clients of material changes via email or other reasonable means

Your continued use of our services after the effective date of revised Terms constitutes your acceptance of the changes.

13. Contact Information

If you have questions about these Terms or wish to discuss our legal services, please contact us: