This Service Agreement Between Two Companies is essential for establishing legally binding service arrangements in the Indonesian business context. It should be used when one company wishes to engage another company to provide specific services on a continuing basis. The agreement ensures compliance with Indonesian law while protecting both parties' interests through clear definition of services, obligations, and commercial terms. It incorporates necessary elements required by Indonesian civil law and commercial regulations, including the Civil Code and sector-specific regulations. The document is particularly important for establishing clear performance metrics, payment terms, and risk allocation between the contracting parties, while providing mechanisms for dispute resolution under Indonesian jurisdiction.
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1. Parties: Identification of the service provider and service recipient with complete legal details
2. Background: Context of the agreement and general business purpose
3. Definitions and Interpretation: Key terms used in the agreement and rules for interpretation
4. Scope of Services: Detailed description of services to be provided
5. Term and Commencement: Duration of the agreement and start date
6. Service Provider's Obligations: Key responsibilities and commitments of the service provider
7. Service Recipient's Obligations: Key responsibilities and commitments of the service recipient
8. Fees and Payment Terms: Pricing, payment schedule, and related financial terms
9. Performance Standards: Quality metrics and service levels to be maintained
10. Intellectual Property Rights: Ownership and usage rights of IP created or used in services
11. Confidentiality: Protection of confidential information and trade secrets
12. Liability and Indemnification: Risk allocation and protection against claims
13. Force Majeure: Provisions for unforeseen circumstances and their handling
14. Termination: Conditions and process for ending the agreement
15. Dispute Resolution: Process for handling disagreements and jurisdictional matters
16. General Provisions: Standard legal clauses including notices, amendments, and governing law
1. Personnel Requirements: Used when specific staff qualifications or security clearances are required
2. Data Protection: Required when personal data processing is involved in service delivery
3. Insurance: Included when specific insurance coverage is required for service delivery
4. Compliance with Specific Regulations: Added when services are in regulated industries
5. Service Credits: Used when performance-linked penalties are part of the arrangement
6. Business Continuity: Important for critical services requiring disaster recovery planning
7. Exit Management: Needed for complex services requiring transition planning
8. Anti-Bribery and Corruption: Important for high-value contracts or government-related services
9. Environmental Compliance: Required when services have environmental impact
1. Service Description Schedule: Detailed technical specifications of services
2. Service Levels and KPIs: Specific performance metrics and measurement methods
3. Fee Schedule: Detailed breakdown of fees, rates, and payment terms
4. Personnel Schedule: Key personnel, qualifications, and roles
5. Equipment and Facilities: List of equipment or facilities to be provided by either party
6. Approved Subcontractors: List of pre-approved subcontractors if applicable
7. Form of Change Order: Template for documenting changes to services
8. Security Requirements: Detailed security protocols and requirements
9. Implementation Timeline: Project phases and milestone dates
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Professional Services
Manufacturing
Logistics and Transportation
Construction
Healthcare
Financial Services
Telecommunications
Energy
Education
Facilities Management
Business Process Outsourcing
Engineering Services
Consulting Services
Research and Development
Relevant Teams
Legal
Procurement
Operations
Commercial
Finance
Compliance
Risk Management
Business Development
Project Management
Account Management
Service Delivery
Contract Administration
Relevant Roles
Legal Counsel
Contract Manager
Commercial Director
Chief Executive Officer
Chief Operating Officer
Procurement Manager
Business Development Manager
Operations Director
Project Manager
Risk Manager
Compliance Officer
Finance Director
General Manager
Account Manager
Service Delivery Manager
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