The Software as a Service License Agreement is essential for businesses providing or consuming cloud-based software services in Indonesia. This document is specifically structured to comply with Indonesian legal requirements, including Law No. 11 of 2008 on Electronic Information and Transactions and related regulations. It addresses key aspects such as service delivery, data protection, intellectual property rights, and service level commitments while incorporating mandatory local law provisions. The agreement is particularly relevant for technology companies expanding into the Indonesian market or local businesses adopting cloud solutions, providing a comprehensive framework for SaaS relationships while ensuring compliance with local regulatory requirements.
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1. Parties: Identification of the parties entering into the agreement, including registration details required under Indonesian law
2. Background: Context of the agreement and brief description of the SaaS solution
3. Definitions: Definitions of key terms used throughout the agreement
4. License Grant: Scope of the software license, usage rights, and restrictions
5. Service Provision: Description of the SaaS services, service levels, and support
6. Fees and Payment: Payment terms, fee structure, and invoicing requirements
7. Customer Obligations: Customer responsibilities, acceptable use policy, and compliance requirements
8. Data Protection and Security: Data handling, security measures, and compliance with Indonesian data protection laws
9. Intellectual Property Rights: IP ownership, protection, and indemnification
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Duration, renewal, and termination provisions
12. Limitation of Liability: Liability caps and exclusions permitted under Indonesian law
13. Force Majeure: Events beyond reasonable control and their consequences
14. Governing Law and Dispute Resolution: Choice of Indonesian law and dispute resolution mechanisms
15. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Professional Services: Include when additional implementation or consulting services are provided
2. Third-Party Integrations: Include when the SaaS solution interfaces with third-party services
3. Disaster Recovery: Include for critical systems requiring specific recovery procedures
4. Insurance: Include when specific insurance coverage requirements apply
5. Export Control: Include when software or data is subject to export regulations
6. Change Control: Include when formal change management procedures are required
7. Service Credits: Include when financial compensation for service level failures applies
8. Anti-Corruption: Include for high-value contracts or government-related services
1. Service Level Agreement (SLA): Detailed service levels, performance metrics, and remedies
2. Support Services: Support tier descriptions, response times, and escalation procedures
3. Fee Schedule: Detailed pricing, payment terms, and fee calculations
4. Technical Requirements: Minimum system requirements and technical specifications
5. Data Processing Agreement: Detailed data handling procedures and compliance requirements
6. Security Requirements: Security standards, protocols, and compliance measures
7. Acceptable Use Policy: Detailed rules for service usage and prohibited activities
8. Service Description: Detailed description of the SaaS functionality and features
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Healthcare
Financial Services
Education
E-commerce
Manufacturing
Professional Services
Government
Telecommunications
Retail
Logistics
Insurance
Banking
Construction
Real Estate
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Risk Management
Operations
Finance
Vendor Management
Data Protection
Contract Administration
Enterprise Architecture
Business Development
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Information Security Officer
Compliance Officer
Contract Manager
Technology Procurement Specialist
Software Licensing Manager
Enterprise Architect
Chief Information Officer
Data Protection Officer
Chief Legal Officer
IT Operations Manager
Business Development Manager
Risk Manager
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