A Business Consulting Contract is essential for formalizing professional advisory relationships in Indonesia's business environment. This document is typically used when a company or organization engages external expertise for strategic, operational, or specialized consulting services. It must comply with Indonesian law, particularly the Civil Code (KUHPerdata) and the Omnibus Law, while addressing specific requirements for business consulting services. The contract should be used whenever professional consulting services are being provided, whether by individual consultants, consulting firms, or professional service companies. It includes crucial elements such as scope definition, service levels, intellectual property rights, confidentiality provisions, and payment terms, all structured to align with Indonesian legal requirements and business practices.
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1. Parties: Identification and details of the Consultant and the Client, including registration numbers and addresses
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of consulting services to be provided
5. Term and Timeline: Duration of the agreement and key milestone dates
6. Fees and Payment Terms: Consulting fees, payment schedule, and payment methods
7. Rights and Obligations: Detailed responsibilities and obligations of both parties
8. Intellectual Property Rights: Ownership and usage rights of materials and deliverables
9. Confidentiality: Protection and handling of confidential information
10. Representations and Warranties: Statements of fact and promises made by both parties
11. Limitation of Liability: Extent and limitations of each party's liability
12. Termination: Conditions and procedures for ending the agreement
13. Governing Law and Dispute Resolution: Applicable law and method of resolving disputes
14. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Force Majeure: Handling of unforeseen circumstances - include if project timeline is critical
2. Non-Competition: Restrictions on competitive activities - include if sharing sensitive market information
3. Insurance: Insurance requirements - include for high-risk or high-value consulting
4. Compliance with Anti-Corruption Laws: Anti-bribery and corruption provisions - include for government-related work or high-value contracts
5. Data Protection: Data handling and privacy requirements - include if personal data processing is involved
6. Personnel Requirements: Key personnel commitments and qualifications - include if specific expertise is crucial
7. Foreign Currency Provisions: Currency exchange provisions - include for international consulting arrangements
1. Schedule A - Scope of Services: Detailed breakdown of consulting services, deliverables, and methodologies
2. Schedule B - Fee Schedule: Detailed breakdown of fees, expenses, and payment milestones
3. Schedule C - Project Timeline: Detailed project schedule, milestones, and delivery dates
4. Schedule D - Key Personnel: List of key consultants and their qualifications
5. Schedule E - Service Levels: Performance metrics and service level requirements
6. Appendix 1 - Required Reports: Format and content requirements for project reports
7. Appendix 2 - Communication Protocol: Procedures for project communication and reporting
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