Terms & Conditions

1. Parties & scope

These Terms govern the relationship between PT Socta Creatives Indonesia ("Socta") and anyone who uses the site or orders a service ("Client"). Services cover online and offline media coverage (including national television), press releases, media placement, homeless media, media monitoring, website development, and SEO.

Specific terms in a quotation, work order (SPK), or contract agreed by both parties take precedence. Anything not covered there follows these Terms.

2. Legal basis

These Terms are drafted and interpreted under the laws of the Republic of Indonesia, including:

• The Indonesian Civil Code (KUHPerdata), in particular Articles 1238, 1243, 1244, 1245, 1266, 1320, 1338, and 1365.
• Law No. 11 of 2008 on Electronic Information and Transactions, as last amended by Law No. 1 of 2024 (ITE Law).
• Law No. 40 of 1999 on the Press, together with the Journalistic Code of Ethics and the Cyber Media Reporting Guidelines issued by the Press Council.
• Law No. 32 of 2002 on Broadcasting, together with the Broadcasting Code of Conduct and Program Standards (P3SPS) of the Indonesian Broadcasting Commission.
• Law No. 8 of 1999 on Consumer Protection (Consumer Protection Law).
• Law No. 27 of 2022 on Personal Data Protection (PDP Law).
• Law No. 28 of 2014 on Copyright and Law No. 20 of 2016 on Trademarks and Geographical Indications.
• Law No. 1 of 2023 on the Criminal Code (KUHP).
• Law No. 8 of 2010 on the Prevention and Eradication of Money Laundering.
• Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution.
• Law No. 24 of 2009 on the National Flag, Language, Emblem, and Anthem.
• Prevailing tax regulations, including the General Tax Provisions and Procedures Law (UU KUP) and its amendments.

3. Formation of the agreement

• An agreement is formed when the Client accepts a quotation in writing, including by email or WhatsApp, and/or makes payment. It is valid if it meets Article 1320 of the Civil Code: consent, capacity, a specific object, and a lawful cause.
• A valid agreement binds the parties as law and must be performed in good faith (Article 1338 of the Civil Code).
• Electronic approvals, messages, and documents are valid legal evidence (Article 5 of the ITE Law). Electronic contracts bind the parties (Article 18(1) of the ITE Law).
• An agreement that violates the law, morality, or public order lacks a lawful cause and is void by law (Article 1320 in conjunction with Article 1337 of the Civil Code). Socta therefore does not accept the work listed in section 7.

4. Prices, payment & tax

• Prices, scope, number and names of outlets, schedule, and payment terms follow the agreed quotation or invoice.
• Prices exclude tax unless stated otherwise. Taxes apply under prevailing tax regulations.
• If the Client must withhold income tax on service payments, the Client provides the withholding slip to Socta no later than the end of the following month.
• Work starts once payment under the agreed terms is received. Late payment may shift the schedule without being deemed Socta’s default.
• Socta charges nothing beyond the quotation without the Client’s written approval, and imposes no late fees not stated in the quotation.
• Payments are made only to the PT Socta Creatives Indonesia account stated on the official invoice. Socta is not liable for payments made to any other account.

5. Socta’s obligations

• Deliver the services professionally, honestly, and within the agreed scope.
• Give correct, clear, and honest information about the services, including what cannot be guaranteed (Article 7(b) of the Consumer Protection Law).
• Share draft copy for the Client’s approval before distribution.
• Report every placement with a verifiable link, screenshot, or broadcast recording.
• Never give rewards, bribes, or "envelopes" to journalists. Journalists are prohibited from accepting bribes (Article 6 of the Journalistic Code of Ethics), and bribing state officials is a criminal offence under anti-corruption law.
• Keep Client information confidential as set out in section 12.

6. Client’s obligations & warranties

• Provide accurate, complete information, materials, and approvals on time.
• Warrant that materials supplied (text, photos, video, logos, trademarks, data) are accurate, owned by or licensed to the Client, and do not infringe third-party rights, including copyright, trademark, and portrait rights.
• Warrant that it holds the business, distribution, or other licenses required for the products or activities being published, such as BPOM, OJK, or ministry approvals.
• Warrant that payment funds come from lawful sources.
• Not ask Socta to perform any work prohibited in section 7.

7. Work Socta refuses

Socta does not accept, produce, or distribute content or work that violates Indonesian law, including:

• False or misleading information that harms consumers or causes public unrest (Article 28(1) and (3) of the ITE Law; Articles 263 and 264 of the Criminal Code).
• Defamation or slander of others (Article 27A of the ITE Law; Articles 433 and 434 of the Criminal Code), including black campaigns against competitors.
• Incitement of hatred or hostility based on race, nationality, ethnicity, skin color, religion, belief, gender, or disability (Article 28(2) of the ITE Law).
• Indecent or pornographic content (Article 27(1) of the ITE Law; Article 4 of Law No. 44 of 2008 on Pornography).
• Promotion of gambling, including online gambling (Article 27(2) of the ITE Law).
• Threats or extortion (Article 27B of the ITE Law).
• Promotion of narcotics, psychotropics, or medicines and food without distribution permits (Law No. 35 of 2009 on Narcotics; Law No. 17 of 2023 on Health; Law No. 18 of 2012 on Food).
• Offers of investments, loans, or financial products without regulatory approval, including Ponzi schemes and illegal online lending (Law No. 4 of 2023 on Financial Sector Development and Strengthening).
• Advertising or claims that deceive consumers about quality, quantity, price, use, or guarantees (Articles 9, 10, and 17 of the Consumer Protection Law).
• Press advertising that demeans religion, disturbs religious harmony, unlawfully promotes alcohol or addictive substances, or depicts cigarettes (Article 13 of the Press Law).
• Television content that is slanderous, inciting, misleading, false, or highlights violence, obscenity, gambling, drug abuse, or ethnic, religious, racial, or intergroup conflict (Article 36(5) of the Broadcasting Law), and broadcast advertising prohibited under Article 46(3) of the Broadcasting Law.
• Disclosure of the identity of children in conflict with the law (Article 19 of Law No. 11 of 2012 on the Juvenile Criminal Justice System) or exploitation of children in promotional content.
• Use of personal data obtained or disclosed unlawfully (Article 65 of the PDP Law).
• Use of third-party works, portraits, or trademarks without permission (Articles 9(3) and 12 of the Copyright Law; Article 100 of the Trademark Law).
• Election campaigning that breaches the schedules and rules of the General Elections Commission and Election Supervisory Agency (Law No. 7 of 2017 on General Elections).
• Work funded by criminal proceeds or intended to disguise the origin of funds (Articles 3, 4, and 5 of Law No. 8 of 2010).
• Unlawful search engine manipulation, such as hacking third-party sites, injecting links without permission, or illegal access (Articles 30 and 32 of the ITE Law).

7a. Consequences of breaching section 7

• Socta may refuse an order, request corrected materials, or stop work at any time after becoming aware of a breach.
• If the Client openly submits refused content before work begins, payment is refunded in full.
• If a breach comes to light after work has started because the Client gave false information or concealed facts, Socta refunds the payment minus work already performed and non-recoverable third-party costs, with a written breakdown.
• Socta may ask outlets to remove content proven to be unlawful, and cooperates with law enforcement where required by law.

8. Media coverage, television & editorial independence

• Under Article 4 of the Press Law, each outlet’s newsroom has the final say on coverage, publication, editing, headline, section, duration, and placement. Socta works to deliver coverage according to the package but cannot override editorial decisions.
• Television coverage is subject to the Broadcasting Law and the P3SPS. Schedules, duration, and airtime are set by the station, except for official advertising slots bought directly from the station.
• Paid content may run with an advertorial, advertisement, or sponsored-content label under outlet policy and the Journalistic Code of Ethics. Socta does not promise that paid content will appear as editorial news.
• If an outlet declines or does not publish within the agreed period, Socta offers an equivalent replacement outlet or a refund under the Refund Policy.
• Television stations and media shown on Socta’s site are references for coverage reach, not claims of official partnership, unless stated otherwise in writing.
• If the Client feels harmed by a news report, the remedy is the right of reply and right of correction through the outlet and the Press Council (Article 5(2) and (3) and Article 15 of the Press Law). Socta helps prepare these requests.
• How long an online article stays up follows each outlet’s policy. Socta does not guarantee permanent availability or dofollow status unless agreed in writing for a specific outlet.

9. Homeless media & social media

• Homeless media are social media information accounts that are not registered press entities. Publications on these channels are not press products under the Press Law and are not covered by Press Council dispute mechanisms.
• Homeless media publications are subject to the ITE Law, the Consumer Protection Law, and platform rules. Promotional content carries a partnership or promotion label where required by the platform or by regulation.
• Reach, views, and engagement depend on platform algorithms. Socta does not guarantee specific numbers unless agreed in writing.

10. Websites & SEO

• Revisions, features, and project milestones follow the quotation. Out-of-scope requests are billed as additional work with the Client’s approval.
• Socta does not use techniques that violate the law or search engine guidelines, such as hacking, unauthorized link injection, or misleading content.
• SEO results depend on factors outside Socta’s control, such as search algorithms and competition. Socta does not guarantee specific rankings but commits to transparent work and reporting.
• Third-party costs (domain, hosting, plugins, licenses) are borne by the Client unless included in the quotation. Domains are registered in the Client’s name.
• Upon full payment, Socta hands over the administrator access, source code, and credentials that belong to the Client.

11. Intellectual property

• Under Article 36 of the Copyright Law, the creator of commissioned work is the party who made it unless agreed otherwise. The parties therefore agree that, upon full payment, the economic rights in work created specifically for the Client (copy, designs, website code) are assigned to the Client by this agreement (Article 16(2) of the Copyright Law).
• The creator’s moral rights remain under Article 5 of the Copyright Law. Socta will not use them to prevent the Client from using the work.
• Third-party components (fonts, plugins, stock photos, code libraries) are subject to their own licenses.
• Client materials remain the Client’s property. The Client licenses Socta to use them only to deliver the services.
• Commercial promotional use of a person’s portrait requires that person’s written consent (Article 12 of the Copyright Law). The Client is responsible for obtaining consent for portraits it supplies.
• Socta may list the Client’s name and links to publicly published placements in its portfolio. The Client may opt out by written notice.

12. Confidentiality & personal data

• The parties keep unpublished information confidential, including launch plans, prices, and business data, during the agreement and for 2 years after it ends, unless disclosure is required by law or court order.
• Personal data is handled under Socta’s Privacy Policy and the PDP Law. Where Socta processes personal data on the Client’s instructions, the Client acts as data controller and Socta as data processor (Article 51 of the PDP Law).

13. Mutual indemnity

• The Client indemnifies Socta against third-party claims arising from the Client’s materials, information, or instructions that are inaccurate or infringe third-party rights.
• Socta indemnifies the Client against third-party claims arising from Socta-created materials that infringe third-party copyright, or from Socta’s negligence.
• These obligations rest on liability for unlawful acts (Article 1365 of the Civil Code). A party receiving a claim must promptly notify the other and allow it to take part in handling the claim.

14. Limitation of liability

• Each party is liable only for proven direct losses caused by its negligence. Socta’s liability is capped at the fees the Client paid for the work concerned.
• This limit does not apply to willful misconduct, fraud, breaches of section 7, or anything that cannot be limited by law.
• These Terms do not shift Socta’s liability as a business and do not reduce the Client’s consumer rights. Any clause that conflicts with Article 18 of the Consumer Protection Law is void by law, while the remaining provisions stay in force.

15. Breach & termination

• A party that fails to perform receives a written notice and a cure period of at least 7 calendar days (Article 1238 of the Civil Code).
• If the breach is not cured, the other party may terminate by written notice and claim proven losses (Article 1243 of the Civil Code).
• For termination under this section and section 7a, the parties agree to waive Article 1266 of the Civil Code insofar as it requires a court decision.
• Termination does not remove payment obligations for work already performed, refund obligations, confidentiality, or indemnity.

16. Force majeure

Neither party is in default if performance is prevented by events beyond reasonable control, such as natural disasters, epidemics, widespread internet or server outages, government action, or media operational disruptions (Articles 1244 and 1245 of the Civil Code). The affected party must notify the other within 7 days of the event. If force majeure lasts more than 30 days, either party may terminate, and payment for work not yet performed is refunded.

17. Governing law & disputes

• These Terms are governed by the laws of the Republic of Indonesia.
• Disputes are first settled amicably within 30 days of written notice. The parties may use mediation under Article 6 of Law No. 30 of 1999.
• Failing agreement, the parties choose the Tangerang District Court.
• This choice does not limit the Client’s right as a consumer to use the Consumer Dispute Settlement Agency (BPSK) under Article 45 of the Consumer Protection Law.

18. Language, severability & changes

• These Terms are made in Indonesian and English in line with Article 31 of Law No. 24 of 2009. In case of any difference in interpretation, the Indonesian version prevails.
• If any provision is found invalid or unenforceable, the remaining provisions stay in force.
• Socta may update these Terms. Changes do not apply retroactively to orders agreed before the update date.