The Developer Services Agreement is a crucial legal document used when engaging external software development resources in Indonesia. It's designed to protect both the client and developer while ensuring compliance with Indonesian legal requirements, including the Civil Code (KUHPerdata) and relevant technology laws. This agreement is essential when outsourcing software development work, hiring freelance developers, or engaging development agencies. It covers critical aspects such as service scope, intellectual property rights, acceptance criteria, payment terms, and confidentiality obligations. The document is structured to accommodate both Indonesian language requirements and international business practices, making it suitable for both domestic and cross-border arrangements. Special attention is given to local regulatory compliance, including manpower regulations, electronic transaction laws, and data protection requirements.
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1. Parties: Identification of the service recipient (client) and service provider (developer), including registration details as required by Indonesian law
2. Background: Context of the agreement and general purpose of the development services
3. Definitions: Key terms used throughout the agreement, including technical terminology
4. Scope of Services: Detailed description of development services to be provided
5. Developer Obligations: Key responsibilities and commitments of the developer
6. Client Obligations: Key responsibilities and commitments of the client, including provision of access and materials
7. Intellectual Property Rights: Ownership and licensing of developed software, existing IP, and third-party materials
8. Acceptance Testing: Process for testing and accepting deliverables
9. Fees and Payment: Payment terms, invoicing, and tax provisions
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection: Compliance with Indonesian data protection laws and data handling requirements
12. Term and Termination: Duration of agreement and termination provisions
13. Warranties: Warranties regarding services, deliverables, and compliance with laws
14. Limitation of Liability: Limitations on liability and exclusions
15. Force Majeure: Provisions for unforeseen circumstances preventing performance
16. Governing Law and Dispute Resolution: Indonesian law governance and dispute resolution procedures
17. General Provisions: Standard boilerplate provisions including notices, assignment, and entire agreement
1. Source Code Escrow: Optional provisions for source code escrow arrangements, recommended for business-critical applications
2. Change Control: Procedures for managing changes to scope or specifications, recommended for complex projects
3. Insurance: Requirements for professional indemnity and other insurance, recommended for high-value projects
4. Knowledge Transfer: Provisions for training and knowledge transfer to client team, useful for long-term projects
5. Non-Competition: Restrictions on developer working with competitors, if relevant to business context
6. Disaster Recovery: Procedures for backup and recovery, recommended for critical systems
7. Security Requirements: Specific security standards and compliance requirements, necessary for handling sensitive data
8. Performance Bonds: Requirements for performance bonds or guarantees, useful for high-value projects
1. Schedule 1 - Services Description: Detailed technical specifications and scope of development services
2. Schedule 2 - Service Levels: Performance metrics, response times, and service level requirements
3. Schedule 3 - Charges and Payment: Detailed fee structure, payment milestones, and expenses
4. Schedule 4 - Project Timeline: Project phases, milestones, and delivery dates
5. Schedule 5 - Acceptance Testing Criteria: Detailed testing procedures and acceptance criteria
6. Schedule 6 - Technical Requirements: Technical specifications, platforms, and compatibility requirements
7. Schedule 7 - Security Standards: Specific security requirements and compliance standards
8. Schedule 8 - Personnel: Key personnel, roles, and qualifications
9. Appendix A - Form of Change Order: Template for documenting and approving changes to scope
10. Appendix B - Acceptance Certificate: Template for formal acceptance of deliverables
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