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Subconsultant Agreement for Indonesia

Subconsultant Agreement Template for Indonesia

This document is a comprehensive Subconsultant Agreement governed by Indonesian law, designed to establish and regulate the professional relationship between a primary consultant and a subconsultant. It encompasses all essential elements required under Indonesian civil law and consulting regulations, including detailed service specifications, compensation terms, confidentiality obligations, and intellectual property rights. The agreement is structured to comply with Indonesian legal requirements while providing flexibility to accommodate various consulting arrangements across different industries, ensuring clear delineation of responsibilities and risk allocation between parties.

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What is a Subconsultant Agreement?

The Subconsultant Agreement is essential in consulting arrangements where specialized expertise or additional resource capacity is required to fulfill client obligations. This document is specifically tailored for use in Indonesia, incorporating relevant provisions from the Indonesian Civil Code and consulting industry regulations. It is typically used when a primary consultant needs to engage additional expertise while maintaining quality control and client relationship management. The agreement covers crucial aspects such as scope of work, payment terms, confidentiality, intellectual property rights, and compliance with Indonesian law, while clearly establishing the independent contractor status of the subconsultant to avoid misclassification under Indonesian labor laws. This document is particularly important for projects requiring specialized skills, international expertise, or additional resource capacity while ensuring proper risk management and legal compliance.

What sections should be included in a Subconsultant Agreement?

1. Parties: Identification of the main consultant and subconsultant, including their legal names, registration numbers, and addresses

2. Background: Context of the agreement, including reference to the main consulting agreement (if any) and the reason for engaging the subconsultant

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Scope of Services: Formal appointment of the subconsultant and detailed description of services to be provided

5. Term and Timeline: Duration of the agreement and key milestone dates

6. Fees and Payment Terms: Compensation structure, payment schedule, expenses, and invoicing requirements

7. Performance Standards: Expected quality standards, deliverables, and performance metrics

8. Obligations of the Parties: Specific duties and responsibilities of both the main consultant and subconsultant

9. Intellectual Property Rights: Ownership and rights to work products, pre-existing IP, and developed materials

10. Confidentiality: Protection of confidential information and trade secrets

11. Independent Contractor Status: Clear statement of subconsultant's status as an independent contractor

12. Liability and Indemnification: Allocation of risks and responsibilities for damages

13. Insurance: Required insurance coverage and minimum limits

14. Termination: Grounds for termination, notice requirements, and consequences

15. Governing Law and Dispute Resolution: Choice of Indonesian law and dispute resolution mechanisms

16. General Provisions: Standard boilerplate clauses including notices, amendments, and entire agreement

What sections are optional to include in a Subconsultant Agreement?

1. Force Majeure: Addresses unforeseeable circumstances preventing performance - include if services are susceptible to external disruptions

2. Non-Competition: Restrictions on competing activities - include if protecting client relationships is crucial

3. Assignment and Subcontracting: Rights to transfer obligations - include if flexibility in service delivery is needed

4. Data Protection: Compliance with data protection laws - include if personal data processing is involved

5. Anti-Corruption: Compliance with anti-corruption laws - include if working with government entities or in high-risk sectors

6. Currency and Tax Provisions: Detailed tax and currency provisions - include for international arrangements

7. Equipment and Resources: Provision of tools and resources - include if specific equipment or facilities are required

8. Training and Support: Requirements for training or support - include if knowledge transfer is part of the engagement

What schedules should be included in a Subconsultant Agreement?

1. Schedule A - Scope of Services: Detailed description of services, deliverables, and technical requirements

2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones

3. Schedule C - Service Levels: Specific performance metrics, quality standards, and reporting requirements

4. Schedule D - Key Personnel: List of key team members and their roles/qualifications

5. Schedule E - Timeline: Detailed project timeline, milestones, and delivery dates

6. Schedule F - Required Insurance: Specific insurance requirements and minimum coverage amounts

7. Appendix 1 - Form of Invoice: Template for invoices and required supporting documentation

8. Appendix 2 - Compliance Requirements: Specific regulatory or client compliance requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Indonesia

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions








































Clauses








































Relevant Industries

Information Technology

Management Consulting

Engineering

Construction

Financial Services

Healthcare

Education

Environmental Services

Energy

Telecommunications

Infrastructure Development

Professional Services

Mining and Resources

Manufacturing

Architecture and Design

Relevant Teams

Legal

Procurement

Operations

Finance

Risk and Compliance

Human Resources

Business Development

Project Management Office

Executive Leadership

Contract Administration

Relevant Roles

Project Manager

Consulting Director

Legal Counsel

Contract Manager

Business Development Manager

Operations Director

Chief Executive Officer

Managing Partner

Procurement Manager

Risk Manager

Compliance Officer

Finance Director

Human Resources Director

Technical Director

Program Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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