The Contractor And Client Agreement is essential for businesses and individuals engaging in professional service relationships in Indonesia. This document is specifically designed to comply with Indonesian legal requirements, including the Civil Code (KUHPer) and Law No. 13 of 2003 on Manpower. It's particularly relevant when engaging independent contractors, consultants, or professional service providers, whether domestic or international. The agreement helps distinguish contractor relationships from employment relationships, crucial for compliance with Indonesian labor laws. It includes comprehensive provisions for service delivery, payment terms, intellectual property protection, and risk allocation, while accommodating various business sectors and service types. The document structure allows for customization based on specific service requirements while maintaining legal compliance and protecting both parties' interests.
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1. Parties: Identification of the contracting parties including full legal names, addresses, and company registration details
2. Background: Context of the agreement and brief description of why the parties are entering into this contract
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided by the contractor
5. Term and Timeline: Duration of the agreement and key milestone dates
6. Compensation and Payment Terms: Fee structure, payment schedule, expenses, and invoicing procedures
7. Obligations of the Contractor: Contractor's duties, responsibilities, and performance standards
8. Obligations of the Client: Client's duties, including provision of information and materials needed
9. Intellectual Property Rights: Ownership and rights to work products created during the engagement
10. Confidentiality: Protection of confidential information and trade secrets
11. Independent Contractor Relationship: Clear statement of independent contractor status and not employment
12. Termination: Conditions and procedures for ending the agreement
13. General Provisions: Standard legal clauses including governing law, notices, and amendment procedures
1. International Services: Required when services are provided across borders, including compliance with international laws
2. Equipment and Resources: Include when specific equipment or resources are provided by either party
3. Non-Compete: Add when restricting contractor's ability to work with competitors
4. Insurance Requirements: Include when specific insurance coverage is required from the contractor
5. Data Protection: Required when personal data processing is involved
6. Force Majeure: Include for protection against unforeseen circumstances
7. Dispute Resolution: Add detailed procedures for handling disputes, especially for high-value contracts
8. Warranties and Indemnification: Include for specific service quality guarantees and risk allocation
1. Schedule A - Scope of Work: Detailed specification of services, deliverables, and technical requirements
2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Schedule C - Service Levels: Performance metrics and service level requirements
4. Schedule D - Project Timeline: Detailed project schedule with milestones and deadlines
5. Appendix 1 - Required Qualifications: List of required certifications, qualifications, or experience
6. Appendix 2 - Approved Subcontractors: List of pre-approved subcontractors if applicable
7. Appendix 3 - Client Materials: List of materials, information, or resources to be provided by the client
8. Appendix 4 - Compliance Requirements: Specific regulatory or compliance requirements applicable to the services
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