AME Group Employee Agreement (“Agreement”) between Employees (“AME Worker”), including internships as parties who receive work and AME Group (“Employer”) and PT Hujan Kreasi Nusantara (“HKN”) as the management company of AME Group (AME Art and Education and Kreasi Sekolah Indonesia), contains terms and conditions of employment that also apply to Applicants/Candidates to be processed further in AME Group recruitment/acceptance activities. HKN hereinafter can be referred to as “We”. Please carefully read this Agreement. You must read, understand, accept and agree to all terms and conditions in this Agreement before continuing the job application process and/or accepting the job given. By continuing the application process, the Applicant/Candidate agrees to all the terms and conditions contained therein, and therefore agrees to be bound by an Agreement with Us and therefore you express your agreement to be able to continue the recruitment or acceptance process throughout the AME Group network.
If you do not accept and agree to any part or all of the terms and conditions in this Agreement, Applicants/Candidates are not permitted to continue the recruitment process and are welcome to leave the AME Recruitment Process. Any activities related to the work of the AME Group, both us and Applicants/Candidates, in this case including AME Instructors and AME Management, are protected as individuals through the provisions of the applicable laws and regulations including but not limited to regulations regarding Information and Electronic Transactions, and for all forms of engagement arising from all activities in the AME Group have met the rules and requirements for the validity of an engagement as stated in the Indonesian Civil Code.
1.1 This Agreement is regulated and interpreted based on the Law of the Republic of Indonesia (Indonesia). The parties mentioned in the Agreement hereby agree to submit to the courts in Indonesia.
1.2 In this Agreement what is meant by “AME Candidate” is an individual, both an Indonesian citizen and a foreign national who is not bound by an employment agreement with a similar company or a competitor with the necessary skills who are able to work with the AME Group according to their abilities and have prepared well to be part of the AME Group.
1.3 A Registered AME Candidate (verified candidate) is an Applicant/Candidate who has passed the initial selection in the recruitment process in the AME Group and has completed all procedures and verification processes in the AME recruitment process and hereinafter referred to as “AME Candidate”.
1.4 By following the AME recruitment process, Applicants/Candidates who are included in the AME Candidate category as mentioned in points 1.2 and 1.3 above consciously and without coercion from any party agree to accept all the terms and conditions stated in this Agreement and the terms and conditions other provisions that apply in the process. As an AME Candidate, each individual is bound by the terms and conditions in the applicable Agreement in the case of an Applicant/Candidate following the AME recruitment process.
1.5 This Agreement may be amended and/or updated at any time and We will include the Amended or updated Agreement on the AME Recruitment Webpage. The terms and conditions that have been changed and updated will take effect immediately after the terms and conditions that have been changed and updated are listed on the AME Recruitment Webpage, and Applicants/Candidates are required to read the terms and conditions in the Agreement from time to time because this Agreement may change at any time without notification to AME Candidate.
1.6 If in the AME Recruitment Webpage there will be or has been a connection or hyperlink (link) connected to a site belonging to a third party that is contained in a Link outside the AME Recruitment Webpage, and We hereby declare that we are not responsible for the contents of Links outside the AME Recruitment Webpage or sites provided or installed by third parties (Third Party Content), whether entered by applicants/candidates who are not named or by content providers who receive payment, or not made by us. By displaying Third Party Content on the AME Recruitment Webpage, it does not mean that we or our affiliated parties, officials, officers or employees have a working relationship with these third parties. Third Party Content is entirely the responsibility of the content provider. We do not guarantee that all Third Party Content is accurate, does not violate morality, is valid or is real, and is not responsible if the User considers that the Third Party Content can be trusted. In addition, we are not responsible for the activities carried out by the Applicant/candidate and cannot be held accountable by anyone with regards to losses suffered by other parties as a result of the Applicant/candidate’s actions.
GENERAL PROVISIONS FOR AME WORKERS
2.1 We hereby certify that the AME Candidate is a capable and capable legal subject to enter into the Agreement.
2.2 Every AME Worker agrees not to copy, use or download all information, writing, images, video recordings, directories, documents, databases or teaching materials that are in the AME Group or obtained through Academic/Admin for any purpose without our party’s permission including and not limited to, among other things, reselling or redistributed all of these things, carrying out mass marketing (via email, SMS, regular mail or other communication media whether electronic media, social and so on), running a business to compete with the AME Group or utilizing AME Group for commercial purposes outside of work activities in the AME Group. AME Worker is not allowed to take any content/material in AME Group systematically to create or compile, either directly or indirectly, collections, compilations, databases or directories (whether using automated devices or manual processes) without our written permission. In addition, AME Worker is not permitted to use the content or materials mentioned above for any purpose that is not stated in this Agreement.
TERMS FOR AME INSTRUCTORS
Each AME Instructor has the opportunity to create, submit, display, submit, propose, or prepare teaching materials in AME Group offline and online classes, including but not limited to text, writing, video, audio, photos, graphics, or other materials. This contribution can be taught to students after being permitted by Academic and all material does not contain SARA and does not involve/belongs to third parties. Accordingly, any contributions from Instructor may be treated as non-confidential and non-proprietary.
When making a contribution, AME Instructor represents and warrants that:
3.1 The creations, materials, games, public displays, or performances, and actions to display, teach or copy AME Instructor’s contributions will not violate any proprietary rights, including but not limited to any copyright, patent, trademark, trade secret, or moral rights of any party any third.
3.4 The AME Instructor Contribution is not false or misleading, but is accurate.
3.5 AME Instructor’s contribution is not unauthorized advertising, promotional material, spam, mass mailing, or any other form.
3.6 Contribution AME Instructor does not use words or sentences that are dirty, abusive, harassing, or slanderous to the company, instructor or other parties in the AME Group.
3.7 Contribution AME Instructor does not ridicule, ridicule, disparage, intimidate, or otherwise abuse anyone.
3.8 Contributions AME Instructor does not advocate violent overthrow of governments or incite, encourage, or threaten physical harm to others.
3.9 The AME Instructor’s contribution does not violate any applicable laws or regulations.
3.10 AME Instructor’s contribution does not violate the privacy or publicity rights of any third party.
3.11 AME Instructor’s Contributions do not contain any material that collects personal information from anyone under the age of 18 or exploits persons under the age of 18 in a sexual or violent way.
3.12 The AME Instructor’s contribution does not violate any laws against child pornography.
3.13 AME Instructor’s contribution does not include offensive comments related to race, nationality, gender, sexual preference, or disability.
Any use that violates the above provisions may result in, among other things, termination or suspension of the right to continue to work and receive compensation from the AME Group.
PROVISIONS FOR AME WORKERS
4.1 By choosing to follow the recruitment process as an AME Candidate from the AME Recruitment Webpage, Applicants/Candidates will fill in the data according to their identity and upload the identity documents required for the recruitment procedure. By completing the registration and verification process specified in the AME Recruitment Webpage.
4.2 Applicants/Candidates are responsible for ensuring the correctness of the documents and contents of the form listed on the AME Recruitment Webpage and Our party will maintain the confidentiality and security of data and documents and be fully responsible for all activities carried out by or on behalf of the name listed on the form .
4.3 AME Candidate agrees to:
1. Immediately notify us of any allegations of unauthorized use in the name of the registered applicant/candidate.
2. Make a statement that the individual does not follow the AME Group recruitment procedures from activities on the AME Recruitment Apps to avoid the possibility of misuse of the name and documents concerned.
4.4 That AME Worker is not permitted to sell, attempt to sell, offer to sell, give, surrender or transfer his identity to a third party without our knowledge and prior written approval. We may suspend or terminate any AME Employee or transferee from such person who is sold, offered for sale, given, surrendered or otherwise transferred in violation of the provisions of this Article. If with our limited ability to identify this violation, then all consequences, risks are the responsibility of the AME employee who transferred it.
4.5 We have the full right to socialize, block or terminate the employment agreement of AME Workers, prohibit access to the office and all AME Group applications and freeze, delay and/or delete the calculation of salaries/compensation funds made and take legal steps to maintain Another AME Worker or AME Candidate if We find another AME Worker or AME Candidate violating applicable laws, violating the intellectual property rights of related parties, committing fraud or committing a violation of the things stated in this Agreement.
RIGHTS AND OBLIGATIONS OF AME WORKERS
5.1 Every AME Worker is obliged to comply with the rules and regulations that apply in the AME Group in accordance with applicable regulations.
5.2 Each AME Worker is responsible for all matters or activities carried out in the AME Group on behalf of the AME Worker or using the name of the AME Worker.
5.3 Every AME Worker is fully responsible if he violates the provisions detailed in this Agreement, and agrees to release Us and its affiliates for all losses caused by violations committed by the AME Worker.
5.4 AME Worker is prohibited from committing fraud, which is an intentional act in any way to gain benefits or gain for him or other parties who work with him, which causes harm to us, our business partners, other AME workers in the AME Group and other parties.
PAYMENT FOR AME WORKER
6.1 The salary/compensation calculation period is calculated from the 16th to the 15th of the following month and will be disbursed between the 1st to the 3rd of the current month (or the month after calculation).
6.2 Disbursement of salary/compensation funds is using a BCA Account in the personal name/AME Worker itself and cannot be represented. If the AME Worker uses another bank on behalf of the person concerned, then We will continue to disburse funds according to the amount received where any transfer transaction fees will be deferred to the AME Employee in accordance with the provisions applicable to the respective bank.
6.3 AME Worker is obliged to complete the work according to the timeframe specified by us specifically for each of these jobs before we can further process the salary/compensation that will be given. If the AME Worker has not carried out / completed his work within the specified time, We have the right to declare that the salary / compensation has been canceled by the AME Worker.
6.4 Each AME Worker can clarify salary/compensation payments that have been made directly to the finance party in accordance with the terms and conditions that apply in the company.
6.5 In the event that there is an obligation for us to disburse salary/compensation funds due to one reason or another for the work of an AME Worker in the AME Group, we will immediately verify again via the available communication means (e-mail or telephone) to request confirmation and data- the required AME Worker data, for the purposes of the disbursement process. If within a period of 7 (seven) calendar days it turns out that the AME Worker cannot be contacted or does not respond to us, then we are not responsible for the delay in the process as intended, and therefore we cannot be held responsible for paying fines, paying interest and other sanctions that are the responsibility of the AME Worker to other parties, in connection with the delay in the process.
PROVISIONS IF THERE IS A LACK OF PAYMENT FOR AME WORKER
AME Workers fully understand the procedures for recording applicable absences and that the process of recalculation of underpayment of salary/compensation depends on the absence data inputted by each AME Worker when carrying out work in the AME Group. We advise AME Workers to carefully and periodically review the applicable absence provisions.
TERMS OF ACCEPTANCE OF AME WORKERS
8.1 We can only continue the recruitment process for applicants/candidates who have submitted the complete procedures requested by the AME Group and have passed the initial verification based on the suitability of the data sent.
8.2 The recruitment process will be divided into 3 stages, namely: Registration or online registration via the AME Recruitment Webpage, Ability Tests and Interviews which will also be held online, and Training and Probation.
8.3 Applicants/candidates who have passed the first stage will be processed to take part in the second stage as an AME Candidate. Ability Test and Interview will determine participants pass to the next stage, namely Training and Probation. Each stage will be further verified by the HRD division and adjust to the specified periodic training schedule.
8.4 All forms of assessment of the ability and completeness of data are the absolute authority of our side. We reserve the right to eliminate AME Candidates who do not meet the requirements, are indicated to have violated the rules and acted against the law, and committed fraud in the recruitment process that occurred. All history of applicants/candidates will be stored so that it is not possible for applicants who commit violations to re-follow the recruitment process in another period.
CONFIDENTIALITY OF DATA AND DOCUMENTATION OF AME GROUP
9.1 All AME Workers understand that we may at any time request documentation of class activities and student work with special and different terms and conditions for each Program and Class.
9.2 All data, student work and documentation of class activities made by AME Worker both online and offline belong to the AME Group which is prohibited from being disseminated through anything, be it social media or other media.
9.3 If it is suspected/found indications of violations committed by AME Worker which harm us, including but not limited to:
1. Uploading data, student work and documentation on personal social media accounts.
2. Claiming data, student work and documentation are private property.
3. Using data, student work and documentation to be traded or given to third parties.
4. Disseminating data, student work, and documentation to the public or the wider community.
5. Disseminate office data including syllabus, teaching materials, equipment and other confidential matters to the public or the general public.
6. Using office data including syllabus, teaching materials, equipment and other confidential matters for personal or third party interests.
7. Copying/duplicating office data including syllabus, materials, data, documentation, and other confidential matters for purposes outside the AME Group.
8. Providing information about students and schools to parties outside the AME Group.
So we reserve the right to take the necessary actions, including:
1. Give verbal or written warning for negligence by AME Worker.
2. Give the AME Worker an opportunity to correct mistakes, including deleting and withdrawing all of the above including duplicates or copies which are detrimental to the interests of many parties.
3. Provide strict sanctions for these negligence, including dismissal without clearing and adding to the HRD blacklist.
4. Follow up on these actions through legal channels, and leave it to the authorities to deal with actions that lead to criminal acts.
AME WORKER TERMS OF WORK
11.1 AME Worker is obliged to carry out the work given by us in accordance with the position and job description given. In accordance with the ability and authority in the AME Group.
11.2 AME Worker is obliged to carry out the work given by us in accordance with the procedures and rules that apply to the AME Group.
For all offline activities, the AME Worker is also required to follow the rules that apply in that location/area, whether at school, office or student residence. If there is a discrepancy with the applicable rules, then AME employees are required to inform the AME Group of the situation so that it can be carried out as well as possible.
11.3 The process of sending instructional equipment will be coordinated by us through HRD and Academics using a trusted delivery service provider.
11.4 Any form of loss resulting from the actions of AME Worker that violates this Agreement is entirely the responsibility of AME Worker in which AME Employee releases us from all forms of responsibility, lawsuit or demands of the aggrieved parties.
11.5 That none of us or our partners, licensors, contractors or other parties involved in the creation, production, delivery of services, or content contained in the AME Group are required to be responsible for AME Worker or anyone who submits a claim through AME Worker, for any loss of profit or income, data inaccuracy, failure to obtain the expected results or profit, economic loss, incidental, significant, punitive, indirect loss (including but not limited to the costs required for repairs) caused by the use of teaching or other services, carried out by the client / student.
12.1 We are the sole owner or legal holder of all rights to and content within the AME Group. The AME Group and its contents include intellectual property rights protected by copyright laws and other intellectual property laws that apply throughout the world. All property rights and intellectual property rights to AME Group and its contents remain with us, its affiliates or the licensee of AME Group’s contents. All rights not included in this Agreement or by us are hereby protected by law. AME Group, its name, and related icons and logos are registered trademarks in various jurisdictions and are protected by copyright, trademark or other intellectual property rights. It is strictly prohibited to use, modify, or install the brands mentioned above in any media without our approval.
13.1 All notifications or requests for information to or about us will be processed if made in writing and sent to: PT Rain Kreasi Nusantara, 18 Office Park Lt.10A, Jalan TB Simatupang kav 18, South Jakarta, DKI Jakarta 12520.
13.2 All notifications or requests to or about AME Worker will be processed if submitted directly, sent by courier, registered mail, facsimile or email to the mailing address, facsimile or email address given by AME Worker to Us. Notice to the AME Worker will be deemed received if and when: We can demonstrate that the communication, whether in physical or electronic form, has been sent to the AME Worker.
AME Worker understands that at any time we can make changes (reductions or additions) to the provisions of this Agreement. We recommend that AME Workers periodically and carefully review this Agreement. By continuing to access and/or use the AME Recruitment Webpage, the User is deemed to have agreed to the changes in this agreement.
This agreement is regulated and interpreted based on Indonesian law. Any disputes that may arise between AME Candidate or AME Worker with Us and/or the implementation of this Agreement will be resolved exclusively in the jurisdiction of the courts of the Republic of Indonesia.
17.1 We and AME Workers are an independent relationship and no agency, partnership, joint venture, or franchisor-franchise relationship will be created or created by virtue of this Agreement.
17.2 The title in this Agreement is made as a reference only, and in no way determines, limits, explains or describes what is contained or included in that article.
17.3 Not exercising our rights to claim our rights based on this Agreement or not taking action by us against violations of this agreement will not waive or exclude our rights to take action against similar violations or subsequent violations.