The Engagement Agreement serves as a crucial legal framework for establishing professional service relationships in Indonesia. This document is essential when engaging external service providers, consultants, or professional firms, ensuring clear definition of services, responsibilities, and commercial terms while maintaining compliance with Indonesian law. The agreement should be used whenever a formal engagement of professional services is required, whether for short-term projects or ongoing services. It includes comprehensive provisions for scope of work, payment terms, intellectual property rights, confidentiality, and dispute resolution, all tailored to meet Indonesian legal requirements. The document must be drafted in Indonesian language (with permitted bilingual versions) and should consider specific regulatory requirements depending on the sector and nature of services being provided.
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1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and registration numbers for companies
2. Background: Context of the engagement and general purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided under the engagement
5. Term and Termination: Duration of the engagement and conditions for termination
6. Fees and Payment Terms: Compensation structure, payment schedule, and invoicing requirements
7. Rights and Obligations: Specific responsibilities and obligations of each party
8. Representations and Warranties: Statements of fact and promises made by each party
9. Confidentiality: Protection of confidential information and trade secrets
10. Standard of Performance: Expected quality and standards for service delivery
11. Relationship of Parties: Clarification of independent contractor status if applicable
12. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and choice of forum for disputes
13. Language: Statement on language versions as required by Indonesian Law No. 24 of 2009
14. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Intellectual Property Rights: Detailed provisions for IP ownership and licensing, necessary for creative or technical work
2. Non-Competition: Restrictions on competitive activities, if relevant to the engagement
3. Insurance: Insurance requirements, particularly for high-risk or regulated services
4. Data Protection: Specific provisions for handling personal or sensitive data
5. Force Majeure: Provisions for unforeseen circumstances preventing performance
6. Compliance with Laws: Specific regulatory compliance requirements for regulated industries
7. Assignment and Subcontracting: Rights and restrictions regarding transfer of obligations
8. Key Personnel: Identification of essential team members for service delivery
9. Training and Support: Additional service support requirements if applicable
1. Schedule A - Scope of Services: Detailed breakdown of services, deliverables, and timelines
2. Schedule B - Fee Schedule: Detailed fee structure, rates, and payment milestones
3. Schedule C - Service Levels: Specific performance metrics and standards if applicable
4. Schedule D - Key Personnel: Details of key team members and their roles
5. Schedule E - Data Processing Terms: Specific terms for handling personal or sensitive data
6. Appendix 1 - Required Forms: Standard forms for reporting, invoicing, or service requests
7. Appendix 2 - Compliance Requirements: Specific regulatory or compliance requirements
Relevant legal definitions
Clauses
Relevant Industries
Professional Services
Technology
Consulting
Financial Services
Creative Industries
Education
Healthcare
Manufacturing
Real Estate
Construction
Information Technology
Business Services
Marketing and Advertising
Legal Services
Engineering
Relevant Teams
Legal
Procurement
Operations
Human Resources
Finance
Compliance
Commercial
Business Development
Contract Administration
Risk Management
Vendor Management
Relevant Roles
Legal Counsel
Procurement Manager
Operations Director
Human Resources Manager
Project Manager
Business Development Manager
Chief Financial Officer
Compliance Officer
Contract Administrator
Commercial Manager
Department Head
Managing Director
Chief Operating Officer
Professional Services Manager
Vendor Relations Manager
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