The Enterprise Subscription Agreement serves as the primary contractual framework for businesses providing subscription-based software or services to enterprise customers in Indonesia. This document is essential when establishing long-term service relationships involving regular access to software, platforms, or digital services on a subscription basis. It must comply with Indonesian regulations, including Law No. 11 of 2008 on Electronic Information and Transactions, Law No. 27 of 2022 on Personal Data Protection, and relevant Bank Indonesia regulations regarding payment processing. The agreement covers crucial aspects such as service delivery, performance standards, data protection, intellectual property rights, and dispute resolution, while incorporating specific Indonesian legal requirements such as mandatory use of Bahasa Indonesia for contracts with Indonesian entities and local data hosting requirements where applicable.
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1. Parties: Identification of contracting parties including registration details as required under Indonesian law
2. Background: Context of the agreement and business relationship between the parties
3. Definitions: Defined terms used throughout the agreement, including technical and business-specific terminology
4. Subscription Services: Detailed description of services, access rights, and service levels
5. Term and Renewal: Initial term, renewal conditions, and termination rights
6. Fees and Payment: Subscription fees, payment terms, taxes, and currency specifications (must address Indonesian Rupiah requirements)
7. Service Level Agreement: Performance standards, availability commitments, and remedies for failure
8. Customer Obligations: Customer responsibilities, acceptable use policy, and compliance requirements
9. Data Protection and Security: Compliance with Indonesian data protection laws, security measures, and data handling procedures
10. Intellectual Property Rights: IP ownership, licenses, and restrictions on use
11. Confidentiality: Protection of confidential information and trade secrets
12. Warranties and Disclaimers: Service warranties and limitations aligned with Indonesian consumer protection laws
13. Indemnification: Mutual indemnification obligations and procedures
14. Limitation of Liability: Liability caps and exclusions permitted under Indonesian law
15. Force Majeure: Events excusing performance, including specific reference to local conditions
16. Governing Law and Dispute Resolution: Indonesian law governance and dispute resolution procedures
17. General Provisions: Standard boilerplate clauses adapted for Indonesian law requirements
1. Professional Services: Include when implementation, training, or consulting services are part of the arrangement
2. Disaster Recovery: Include for critical enterprise systems requiring specific recovery commitments
3. Insurance Requirements: Include for high-value or high-risk services
4. Change Control: Include when service modifications require formal procedures
5. Third-Party Integrations: Include when the service interfaces with other systems or providers
6. Export Control: Include when the service involves cross-border data transfers or technology
7. Source Code Escrow: Include when customer requires access to source code under specific conditions
8. Anti-Corruption Compliance: Include for high-value contracts or government-related customers
1. Service Description: Detailed technical specifications and functionality of the subscription services
2. Service Level Agreement Details: Specific performance metrics, measurement methods, and service credits
3. Fee Schedule: Detailed pricing, payment terms, and calculation methods
4. Support Services: Support level definitions, response times, and escalation procedures
5. Security Requirements: Detailed security protocols, standards, and compliance requirements
6. Data Processing Agreement: Detailed data handling procedures compliant with Indonesian data protection laws
7. Acceptable Use Policy: Detailed rules and restrictions for service usage
8. Business Continuity Plan: Disaster recovery procedures and business continuity commitments
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