The Software Development Contract serves as a crucial legal framework for technology projects in Indonesia, establishing clear terms between software developers and their clients. This document is essential when engaging external developers or development companies to create custom software solutions, applications, or systems. It encompasses key aspects required under Indonesian law, including electronic transaction regulations, data protection requirements, and intellectual property provisions. The contract should be used whenever a business commissions bespoke software development, whether for internal use or commercial purposes. It includes comprehensive provisions for project management, quality assurance, acceptance testing, and ongoing maintenance, while ensuring compliance with Indonesian technological and commercial regulations.
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1. Parties: Identification of contracting parties including full legal names, registration numbers, and addresses
2. Background: Context of the agreement and brief description of the project objectives
3. Definitions and Interpretation: Definitions of technical terms, project-specific terminology, and contract interpretation rules
4. Scope of Services: Detailed description of software development services to be provided
5. Development Process and Methodology: Software development methodology, project phases, and delivery approach
6. Project Timeline and Milestones: Key dates, delivery schedules, and project milestones
7. Acceptance Testing: Testing procedures, acceptance criteria, and defect resolution process
8. Payment Terms: Fee structure, payment schedule, and invoicing procedures
9. Intellectual Property Rights: Ownership and licensing of developed software and pre-existing IP
10. Confidentiality: Protection of confidential information and trade secrets
11. Warranties and Representations: Quality guarantees, performance warranties, and legal compliance assurances
12. Limitation of Liability: Liability caps and exclusions in accordance with Indonesian law
13. Term and Termination: Contract duration, renewal terms, and termination conditions
14. General Provisions: Standard legal clauses including notices, amendments, and governing law
1. Third-Party Software Integration: Used when the project involves integration with third-party software or APIs
2. Data Protection and Privacy: Required when personal data processing is involved, ensuring compliance with Indonesian data protection laws
3. Source Code Escrow: Optional arrangement for source code safekeeping with a third party
4. Security Requirements: Specific security standards and requirements for high-security applications
5. Change Management: Procedures for handling change requests and scope modifications
6. Service Level Agreement: Include when ongoing maintenance or support is part of the contract
7. Training and Documentation: When knowledge transfer and system documentation are required deliverables
8. Disaster Recovery: For critical systems requiring business continuity planning
1. Technical Specifications: Detailed technical requirements, system architecture, and functionality specifications
2. Project Timeline: Detailed project schedule with all phases, milestones, and deliverables
3. Acceptance Criteria: Specific criteria and test cases for software acceptance
4. Price Schedule: Detailed breakdown of costs, payment milestones, and pricing structure
5. Service Levels: Performance metrics, response times, and service level requirements
6. Personnel: Key personnel, roles, and responsibilities from both parties
7. Security Standards: Specific security requirements and compliance standards
8. Change Request Template: Standard format for submitting and processing change requests
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
E-commerce
Manufacturing
Telecommunications
Education
Government
Retail
Insurance
Transportation
Logistics
Professional Services
Relevant Teams
Legal
Information Technology
Procurement
Software Development
Project Management
Operations
Risk and Compliance
Finance
Technical Architecture
Quality Assurance
Business Development
Executive Leadership
Relevant Roles
Chief Technology Officer
IT Director
Project Manager
Software Development Manager
Legal Counsel
Procurement Manager
Contract Manager
Technical Lead
Chief Information Officer
Business Development Manager
Operations Director
Chief Executive Officer
Software Engineer
Systems Architect
Vendor Manager
Risk Manager
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