The ERP Software Agreement serves as the primary contractual framework for organizations implementing enterprise resource planning solutions in Indonesia. This document is essential when a business entity seeks to acquire and implement ERP software to manage its core business processes. The agreement addresses both the initial implementation phase and ongoing operational requirements, incorporating specific provisions required under Indonesian law, particularly the ITE Law and related regulations. It covers software licensing, implementation services, maintenance, support, data protection, and security measures. The document is structured to accommodate both on-premise and cloud-based ERP solutions, ensuring compliance with Indonesian electronic systems and data protection requirements while protecting both parties' interests in the software implementation relationship.
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1. Parties: Identification of the software provider and the customer, including their legal details and authorized representatives
2. Background: Context of the agreement, brief description of the ERP software, and the parties' intentions
3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement
4. License Grant: Scope of software license, usage rights, and restrictions
5. Implementation Services: Terms regarding software installation, configuration, and deployment
6. Service Levels: Performance standards, availability commitments, and support services
7. Customer Obligations: Customer's responsibilities, including providing access, data, and cooperation
8. Fees and Payment: Pricing, payment terms, and invoicing procedures
9. Data Protection and Security: Obligations regarding data handling, security measures, and compliance with Indonesian data protection laws
10. Intellectual Property Rights: IP ownership, protection, and related warranties
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Duration of agreement, renewal terms, and termination rights
13. Warranties and Disclaimers: Software performance warranties and limitations
14. Limitation of Liability: Caps on liability and exclusions
15. Force Majeure: Provisions for unforeseen circumstances affecting performance
16. Governing Law and Dispute Resolution: Application of Indonesian law and dispute resolution procedures
17. General Provisions: Standard boilerplate clauses including notices, assignment, and amendments
1. Cloud Services Terms: Additional terms for cloud-based deployment, used when the ERP is provided as SaaS
2. Data Migration Services: Terms for transferring data from legacy systems, included when data migration is part of the scope
3. Training Services: Provisions for user training and knowledge transfer, included when training is part of the scope
4. Third-Party Software: Terms regarding integrated third-party applications, included when third-party software is part of the solution
5. Disaster Recovery: Additional provisions for backup and recovery procedures, important for cloud-based solutions
6. Change Management: Procedures for handling change requests, included for complex implementations
7. Exit Management: Procedures for transitioning services upon termination, important for business-critical implementations
1. Schedule 1 - Software Description: Detailed description of the ERP software modules and functionality
2. Schedule 2 - Service Level Agreement: Detailed service levels, support hours, and response times
3. Schedule 3 - Implementation Plan: Project timeline, milestones, and deliverables
4. Schedule 4 - Fee Schedule: Detailed breakdown of license fees, implementation costs, and ongoing charges
5. Schedule 5 - Technical Requirements: Hardware, network, and system requirements for the software
6. Schedule 6 - Support Services: Detailed description of support services and procedures
7. Schedule 7 - Data Processing Agreement: Detailed terms for personal data processing in compliance with Indonesian regulations
8. Appendix A - Authorized Users: List of authorized users and access levels
9. Appendix B - Acceptance Testing: Acceptance criteria and testing procedures
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Retail
Healthcare
Financial Services
Logistics and Supply Chain
Professional Services
Education
Construction
Energy and Utilities
Telecommunications
Agriculture
Mining
Hospitality
Real Estate
Government and Public Sector
Relevant Teams
Legal
Information Technology
Finance
Procurement
Operations
Information Security
Compliance
Risk Management
Business Process Management
Enterprise Architecture
Project Management Office
Vendor Management
Data Protection
Relevant Roles
Chief Information Officer
Chief Technology Officer
IT Director
Chief Financial Officer
Chief Operating Officer
Procurement Manager
Legal Counsel
IT Project Manager
Enterprise Architect
Systems Administrator
Information Security Manager
Business Process Manager
Finance Director
Operations Director
Compliance Officer
Data Protection Officer
Contract Manager
Software License Manager
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