This Non Employee Contract template is specifically designed for use in Indonesia when engaging independent contractors, consultants, or freelance professionals. It ensures compliance with Indonesian Civil Code (KUHPerdata) and clearly distinguishes the relationship from employment under Law No. 13 of 2003 on Manpower. The document is particularly useful when companies need to engage external expertise or services without creating an employment relationship, while protecting both parties' interests through clear terms on services, compensation, intellectual property, and confidentiality. It includes provisions for tax compliance, social security considerations, and proper contractor classification under Indonesian law.
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1. Parties: Identification of the contracting parties, including company registration details and contractor's business information
2. Background: Context of the agreement and confirmation of contractor's independent business status
3. Definitions: Key terms used throughout the agreement, including 'Services', 'Deliverables', and 'Intellectual Property Rights'
4. Scope of Services: Detailed description of services to be provided and contractor's responsibilities
5. Term and Engagement: Duration of the agreement and nature of the contractor relationship
6. Payment Terms: Fees, payment schedule, expenses, and tax responsibilities
7. Independent Contractor Status: Clear statement of independent contractor status and relationship between parties
8. Contractor's Obligations: Key promises and commitments from the contractor including quality of service and compliance with laws
9. Company's Obligations: Company's responsibilities including provision of necessary information and access
10. Intellectual Property Rights: Ownership and transfer of IP created during the engagement
11. Confidentiality: Protection of confidential information and trade secrets
12. Termination: Grounds for termination and consequences of contract end
13. General Provisions: Standard legal clauses including governing law, notices, and entire agreement
1. Non-Compete: Restrictions on competing activities, used when contractor has access to sensitive business information
2. Equipment and Resources: Include when specific equipment or resources are provided by either party
3. Insurance: Required when contractor needs to maintain specific insurance coverage
4. Performance Metrics: Include when specific performance standards or KPIs need to be met
5. Compliance with Specific Regulations: Add when services involve regulated industries or specific compliance requirements
6. Data Protection: Include when personal data processing is involved
7. Force Majeure: Add when need to address unforeseen circumstances affecting service delivery
8. Assignment and Subcontracting: Include when need to control ability to transfer rights or subcontract work
1. Schedule 1 - Services Description: Detailed breakdown of services to be provided
2. Schedule 2 - Fee Schedule: Detailed fee structure, payment milestones, and rate card
3. Schedule 3 - Service Levels: Performance standards and metrics if applicable
4. Schedule 4 - Required Insurance: Details of insurance types and coverage levels required
5. Appendix A - Required Forms: Any forms or templates to be used during the engagement
6. Appendix B - Company Policies: Relevant company policies contractor must comply with
Relevant legal definitions
Clauses
Relevant Industries
Technology
Professional Services
Creative Industries
Construction
Engineering
Education
Healthcare
Management Consulting
Digital Marketing
Financial Services
Information Technology
Media and Entertainment
Research and Development
Real Estate
Business Services
Relevant Teams
Legal
Human Resources
Procurement
Finance
Operations
Project Management Office
Information Technology
Marketing
Research & Development
Business Development
Relevant Roles
Project Manager
IT Consultant
Creative Director
Business Analyst
Software Developer
Marketing Consultant
Training Specialist
Technical Writer
Graphic Designer
Financial Advisor
Research Consultant
Engineering Consultant
Content Creator
Strategic Advisor
UX/UI Designer
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