The IT Service Agreement serves as a crucial legal framework for organizations engaging external IT service providers in Indonesia. This document is essential when establishing a formal relationship for the provision of information technology services, including software development, system maintenance, cloud services, or IT consulting. The agreement must comply with Indonesian regulations, particularly the Electronic Information and Transactions (ITE) Law and related data protection requirements. It outlines comprehensive terms covering service scope, performance metrics, data security, intellectual property rights, and dispute resolution mechanisms. This document is particularly important given Indonesia's growing digital economy and the increasing need for clear, legally-compliant IT service arrangements that protect both service providers and clients while ensuring alignment with local regulatory requirements.
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1. Parties: Identification of the service provider and customer, including their legal status and registered addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Detailed definitions of technical terms, service-related terminology, and other key concepts used in the agreement
4. Scope of Services: Detailed description of IT services to be provided, including core deliverables and service standards
5. Term and Termination: Duration of the agreement, renewal terms, and circumstances for termination
6. Service Provider Obligations: Key responsibilities and commitments of the service provider, including service levels and performance standards
7. Customer Obligations: Customer's responsibilities, including access provision, cooperation, and payment obligations
8. Fees and Payment Terms: Pricing structure, payment schedule, and related financial terms
9. Service Levels: Specific performance metrics, measurement methods, and consequences of failure to meet service levels
10. Data Protection and Security: Obligations regarding data protection, security measures, and compliance with Indonesian data protection laws
11. Intellectual Property Rights: Ownership and usage rights of pre-existing and newly created IP
12. Confidentiality: Protection of confidential information and trade secrets
13. Liability and Indemnification: Limitation of liability, indemnification obligations, and risk allocation
14. Force Majeure: Provisions for unforeseen circumstances preventing performance
15. Dispute Resolution: Process for resolving disputes, including jurisdiction under Indonesian law
16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Change Management: Procedures for requesting and implementing changes to services or specifications - include when services are likely to evolve
2. Business Continuity and Disaster Recovery: Requirements for maintaining service continuity - include for critical services
3. Transition Services: Provisions for handover at the start and end of the agreement - include for complex service arrangements
4. Third-Party Services: Terms governing subcontractors and third-party service providers - include when subcontractors will be used
5. Compliance with Specific Regulations: Additional regulatory compliance requirements - include for regulated industries
6. Source Code Escrow: Terms for source code protection and access - include for custom software development
7. Training and Knowledge Transfer: Requirements for training customer personnel - include when significant user training is needed
8. Performance Monitoring: Detailed monitoring and reporting requirements - include for complex service level arrangements
1. Service Description Schedule: Detailed technical specifications of all services to be provided
2. Service Level Agreement (SLA): Detailed service levels, performance metrics, and measurement methodologies
3. Fee Schedule: Detailed pricing, payment terms, and rate cards
4. Security Requirements: Specific security protocols, standards, and compliance requirements
5. Personnel Schedule: Key personnel, roles, and responsibilities
6. Technical Requirements: Hardware, software, and infrastructure specifications
7. Data Processing Agreement: Detailed terms for personal data handling and protection
8. Business Continuity Plan: Detailed procedures for maintaining service continuity
9. Exit Management Plan: Procedures and requirements for service termination and transition
Relevant legal definitions
Clauses
Relevant Industries
Technology
Banking and Financial Services
E-commerce
Healthcare
Education
Manufacturing
Retail
Telecommunications
Government and Public Sector
Professional Services
Media and Entertainment
Insurance
Logistics and Transportation
Relevant Teams
Legal
Information Technology
Procurement
Operations
Risk and Compliance
Finance
Information Security
Project Management
Technical Services
Business Development
Data Protection
Relevant Roles
Chief Information Officer
IT Director
Chief Technology Officer
Procurement Manager
Legal Counsel
IT Project Manager
Information Security Manager
Operations Director
Contract Manager
Risk Manager
Compliance Officer
Technical Service Manager
Solutions Architect
Business Development Manager
Chief Financial Officer
Data Protection Officer
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