The Public Offer Agreement serves as a standardized contract template for businesses operating in Indonesia who wish to make offers to the general public. This document type is particularly relevant in today's digital economy where businesses frequently make broad offers through websites, apps, or other public platforms. The agreement must comply with Indonesian legal requirements, including the Civil Code (KUHPerdata), Consumer Protection Law (Law No. 8 of 1999), and Electronic Information and Transactions Law (Law No. 11 of 2008). It typically includes detailed terms about the offer, acceptance mechanisms, pricing, delivery or service provision, consumer rights, and dispute resolution procedures. Public Offer Agreements are essential for businesses engaging in B2C transactions, especially in e-commerce, retail, and service industries, where standardized terms need to be presented to multiple potential customers simultaneously.
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1. Parties: Identifies the offering party (company/business) and defines the category of parties who may accept the offer (potential customers/users)
2. Background: Explains the context of the public offer and the general purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Scope of Offer: Clearly details what products, services, or rights are being offered and under what conditions
5. Terms of Acceptance: Specifies how the offer can be accepted and when the agreement becomes binding
6. Price and Payment Terms: Details the pricing structure, payment methods, and related terms
7. Rights and Obligations: Outlines the rights and obligations of both the offering party and accepting parties
8. Term and Termination: Specifies the duration of the agreement and conditions for termination
9. Limitations of Liability: Sets out the boundaries of liability in accordance with Indonesian law
10. Governing Law and Dispute Resolution: Confirms Indonesian law as governing law and specifies dispute resolution mechanisms
11. Notices: Specifies how official communications should be made between parties
12. General Provisions: Includes standard boilerplate clauses required under Indonesian law
1. Intellectual Property Rights: Include when the agreement involves software, content, or other IP-protected materials
2. Data Protection and Privacy: Include when personal data will be collected or processed as part of the agreement
3. Service Level Requirements: Include when offering ongoing services with specific performance standards
4. Insurance Requirements: Include when specific insurance coverage is required from either party
5. Compliance with Regulations: Include when the offer relates to regulated industries or activities
6. Force Majeure: Include when need to address circumstances beyond parties' control
7. Confidentiality: Include when sensitive information will be shared during the course of the agreement
1. Schedule 1 - Pricing Schedule: Detailed breakdown of prices, fees, and payment terms
2. Schedule 2 - Service Specifications: Detailed technical or service specifications
3. Schedule 3 - Service Levels: Specific performance metrics and service level commitments
4. Appendix A - Required Documents: List of documents required from accepting parties
5. Appendix B - Contact Details: Contact information for key personnel and departments
6. Appendix C - Terms of Use: Detailed terms of use for products or services
Relevant legal definitions
Clauses
Relevant Industries
E-commerce
Retail
Technology
Software as a Service
Telecommunications
Financial Services
Digital Content
Consumer Goods
Online Education
Healthcare Services
Transportation Services
Entertainment Services
Relevant Teams
Legal
Commercial
Compliance
Operations
Customer Service
Sales
Product Development
Risk Management
Business Development
Regulatory Affairs
Relevant Roles
Legal Counsel
Commercial Director
Business Development Manager
Compliance Officer
Risk Manager
Operations Manager
Customer Service Manager
E-commerce Manager
Sales Director
Product Manager
Digital Services Manager
Regulatory Affairs Specialist
Contract Administrator
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