The Software Subscription Agreement is essential for businesses providing or acquiring software services in Indonesia. This document is used when a service provider offers software access on a subscription basis, whether cloud-based or locally hosted, and needs to establish clear legal and operational parameters. The agreement must comply with Indonesian regulations, particularly Law No. 11 of 2008 on Electronic Information and Transactions (ITE Law) and related data protection regulations. It covers crucial aspects such as service scope, access rights, payment terms, service levels, data handling, and intellectual property rights. The document is particularly important in the context of Indonesia's growing digital economy and the increasing adoption of software-as-a-service (SaaS) solutions across various industries.
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1. Parties: Identification of the contracting parties including their full legal names, registration numbers, and addresses
2. Background: Context of the agreement and brief description of the software service being provided
3. Definitions: Definitions of key terms used throughout the agreement
4. Subscription Grant: Scope of the subscription, license terms, and access rights to the software
5. Subscription Fees and Payment: Pricing, payment terms, billing cycles, and payment methods
6. Term and Termination: Duration of the agreement, renewal terms, and termination rights
7. Service Provider Obligations: Key obligations including service delivery, maintenance, and support
8. Customer Obligations: Customer responsibilities, acceptable use policy, and access management
9. Service Levels: Performance standards, availability commitments, and service credit mechanism
10. Data Protection and Security: Data handling, security measures, and compliance with Indonesian data protection laws
11. Intellectual Property Rights: IP ownership, licenses, and restrictions
12. Confidentiality: Protection of confidential information and trade secrets
13. Warranties and Disclaimers: Service provider warranties and statutory disclaimers
14. Limitation of Liability: Liability caps and exclusions compliant with Indonesian law
15. Force Majeure: Events beyond reasonable control and their consequences
16. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Professional Services: Include when additional implementation, training, or consulting services are provided
2. Third-Party Integrations: Include when the software interfaces with third-party applications or services
3. Disaster Recovery: Include for critical enterprise applications requiring specific recovery commitments
4. Compliance with Industry Standards: Include when specific industry regulations or standards apply
5. Export Control: Include when the software may be subject to export restrictions
6. Insurance Requirements: Include for enterprise customers requiring specific insurance coverage
7. Change Control: Include when formal change management procedures are required
8. Audit Rights: Include for agreements where usage auditing or compliance verification is necessary
1. Service Description: Detailed description of the software functionality and features
2. Service Level Agreement: Detailed service levels, measurement methods, and remedies
3. Support Services: Support tiers, response times, and escalation procedures
4. Fee Schedule: Detailed pricing, payment terms, and calculation methods
5. Technical Requirements: Minimum system requirements and technical specifications
6. Data Processing Agreement: Detailed terms for personal data processing under Indonesian law
7. Security Requirements: Detailed security standards and procedures
8. Acceptable Use Policy: Detailed rules for acceptable use of the software service
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Education
Retail
Manufacturing
Professional Services
Telecommunications
E-commerce
Government
Banking
Insurance
Logistics
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Information Security
Risk and Compliance
Finance
Operations
Commercial
Data Protection
Software Development
Enterprise Architecture
Relevant Roles
Chief Technology Officer
IT Director
Procurement Manager
Legal Counsel
Information Security Officer
Software Development Manager
Operations Director
Commercial Director
Risk Manager
Compliance Officer
Contract Manager
Chief Financial Officer
Chief Information Officer
Data Protection Officer
Enterprise Architect
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