Who we are
These Terms & Conditions are issued by PT Acala Genesa Sumberdaya, trading as ACALA (“ACALA”), which operates this website as MinexCoal — a company registered in Indonesia under business identification number (NIB) 0212010200653, with its registered office at South Quarter Tower A, 18th Floor, Unit G&F, Jl. R.A. Kartini Kav 8, Cilandak Barat, Jakarta Selatan 12430, Indonesia.
In these terms, “we”, “us” and “our” mean that entity. “You” and “your” mean the organisation engaging us, or the individual visiting this website where the context requires.
Acceptance
By using this website, requesting a quotation, or accepting a proposal from us, you agree to these terms. Where we and you have signed a separate written agreement, statement of work or purchase order, that document prevails over these terms to the extent of any conflict.
Your own standard purchase terms do not apply to our services unless we have expressly accepted them in writing.
What we provide
We supply professional services in three areas:
- Licence procurement and advisory — sourcing, renewal, seat scoping and licence audits for GEOVIA Minex.
- Implementation — data migration, database connection, model rebuild, workflow scripting, version upgrades and handover.
- Training — role-based instruction across the Minex disciplines, delivered on site or remotely.
The precise scope, deliverables, timetable and price for any engagement are set out in the proposal or statement of work we issue for it. Nothing on this website is an offer capable of acceptance.
What we are not
MinexCoal is a service of ACALA, an Official Partner of Dassault Systèmes. We are not Dassault Systèmes. Our partner status is defined by our agreement with that company; it confers no authority to bind them beyond what that agreement provides.
We do not publish, develop or own GEOVIA Minex. We cannot vary the software vendor’s licence terms, warranties, support commitments, pricing or product roadmap, and we give no undertaking on the vendor’s behalf. Where we advise on scope we act on your instructions; where we supply a licence we act in our capacity as the vendor’s partner. We will identify which capacity applies to a given engagement.
Training and workshop programmes published by Dassault Systèmes, including any Continued Support programme, are organised and delivered by that company. We are not the organiser of those sessions, we do not control their content or scheduling, and we cannot register you for them.
Quotations & orders
Quotations are valid for 30 days from issue unless stated otherwise, and are based on the information you give us at the time. If that information proves materially incomplete or inaccurate — for example the volume or condition of data to be migrated — we may revise the quotation before work begins, or raise a change request during the engagement.
A contract forms when we confirm your order in writing, or when we begin work at your written request, whichever happens first.
Fees & payment
- Fees are as set out in the accepted proposal, in Indonesian Rupiah (IDR) or United States Dollars (USD) as stated in that proposal, and are exclusive of value added tax and any other applicable duties, which you pay in addition at the prevailing rate.
- Invoices are payable within 30 days of the invoice date unless the proposal states otherwise.
- Reasonable travel, accommodation and subsistence for on-site work are charged at cost, agreed in advance.
- Late payment may attract interest at the prevailing Bank Indonesia reference rate plus a margin, and we may suspend work under clause 14.
- Software licence fees payable to the vendor are separate from our service fees and are governed by the vendor’s own terms.
Third-party software
Your right to install and use GEOVIA Minex derives solely from your licence agreement with Dassault Systèmes, not from any agreement with us. Engaging us does not grant, extend, transfer or renew any software right.
You are responsible for holding valid licences for the software we work on, including for any environment we build, test or train in. We may ask for evidence of licensing before starting work, and we may decline to proceed without it.
Your responsibilities
- Provide the data, systems access, licences and personnel our work depends on, in reasonable time.
- Ensure you hold the rights necessary to give us access to any data you supply.
- Nominate a point of contact empowered to make decisions and approve deliverables.
- Maintain your own backups. We take reasonable care, but you remain responsible for the integrity and recoverability of your production data.
- Provide a safe working environment, appropriate induction and any required personal protective equipment where work takes place at a mine site, and inform us of site-specific safety rules in advance.
Delay or non-performance on your side may affect the timetable and cost; we will tell you promptly if it does.
Confidentiality
Mining data is commercially sensitive. Each party will keep the other’s confidential information in confidence, use it only for the engagement, and disclose it only to personnel who need it and are bound by equivalent obligations. This survives the end of the engagement.
This covers what you tell us before an engagement exists. An enquiry sent through the form, by email, or over WhatsApp is treated as confidential from the moment it reaches us — whether or not it leads to a quotation, and whether or not anything is ever signed.
Confidential information does not include information that is public through no fault of the receiving party, was already lawfully held, is independently developed, or must be disclosed by law or a competent authority — in which case the disclosing party will be notified where lawful to do so.
We will not identify you as a client, publish your name or logo, or describe your project publicly without your prior written consent.
Intellectual property
- Your data stays yours. Borehole databases, models, designs, schedules, reports and any other material you supply or we generate from it remain your property.
- Our materials stay ours. Training courseware, exercise datasets, templates, scripts, methods and know-how we developed independently remain our property. On full payment we grant you a non-exclusive, perpetual licence to use them internally for your own operations.
- You may not resell, publish, or deliver our training materials to third parties, or use them to provide competing training services, without our written consent.
- Vendor material — software, documentation and product imagery belonging to Dassault Systèmes remains theirs and is used under their terms.
Training bookings
Unless the proposal says otherwise:
| Change made by you | Effect |
|---|---|
| More than 21 days before the start date | Reschedule or cancel at no charge |
| 8–21 days before | 50% of the fee remains payable |
| 7 days or less, or non-attendance | Full fee remains payable |
| Substituting a delegate | Permitted at any time at no charge |
Committed travel and accommodation costs already incurred are payable in addition. If we have to reschedule, we will offer the next available date or a full refund of fees paid for that session, at your choice.
Warranties
We warrant that our services will be performed with reasonable skill and care by suitably qualified personnel, consistent with good professional practice in the mining software field.
We do not warrant that any geological model, resource estimate, reserve statement, mine design, schedule or haulage calculation produced with our assistance is accurate, complete, or fit for any regulatory or investment purpose. Those outputs depend on your data, your assumptions and your professional judgement. Sign-off remains the responsibility of your competent person or qualified person, as defined by the reporting code that applies to you.
Except as expressly stated, all warranties, conditions and terms implied by statute or common law are excluded to the fullest extent permitted by law.
Limitation of liability
Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited.
Subject to that:
- Neither party is liable for indirect or consequential loss, or for loss of profit, revenue, production, anticipated savings, business opportunity, goodwill or data, however arising.
- Our total aggregate liability arising out of or in connection with an engagement is limited to the fees you have paid us for that engagement in the 12 months preceding the event giving rise to the claim.
- We are not liable for the acts, omissions, product decisions, support policies or pricing of Dassault Systèmes or any other third party.
Suspension & termination
Either party may terminate an engagement on 30 days’ written notice, or immediately if the other commits a material breach that is not remedied within 14 days of written notice, or becomes insolvent.
We may suspend work if an undisputed invoice remains unpaid 14 days after its due date, or if we reasonably believe the work would require us to breach a third party’s licence terms or applicable law.
On termination you pay for work performed and commitments reasonably incurred up to that date. Clauses on confidentiality, intellectual property, liability and governing law survive.
Force majeure
Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disaster, epidemic, armed conflict, civil unrest, industrial action, failure of utilities or telecommunications, government action, or loss of site access. The affected party will notify the other promptly and both will work to mitigate the impact.
Governing language
These Terms & Conditions are published in Indonesian and English. Both versions are intended to carry the same meaning.
Where the two versions differ, the Indonesian version governs and is the binding text. The Indonesian version is at id/terms.html; this English version is provided as a translation.
This follows Law No. 24 of 2009 on the Flag, Language, Emblem and Anthem, which requires agreements involving an Indonesian party to be made in Indonesian.
Governing law & disputes
These terms are governed by the laws of the Republic of Indonesia.
The parties will attempt in good faith to resolve any dispute by discussion between senior representatives before commencing proceedings. If that does not resolve it within 30 days, either party may refer the dispute to mediation before proceeding further.
Failing resolution, the dispute is subject to the exclusive jurisdiction of the Pengadilan Negeri Jakarta Selatan. The parties may instead agree in writing to refer the dispute to final and binding arbitration administered by the Badan Arbitrase Nasional Indonesia (BANI) under its rules, seated in Jakarta and conducted in Indonesian or English as agreed, where a faster and confidential process suits both sides.
Changes to these terms
We may update these terms from time to time. The version published here when your order is confirmed is the version that applies to that engagement. Changes do not affect engagements already under way.
Contact
Questions about these terms: legal@minexcoal.com, or write to ACALA, South Quarter Tower A, 18th Floor, Unit G&F, Jl. R.A. Kartini Kav 8, Cilandak Barat, Jakarta Selatan 12430, Indonesia.
See also our Disclaimer and Privacy Policy.