Digital Marketing Services Contract Template for Indonesia

The Digital Marketing Services Contract serves as a crucial legal framework for businesses engaging digital marketing services in Indonesia. This document is essential when a company (the client) wishes to hire a professional digital marketing agency or service provider to manage their online presence, digital advertising, social media, content creation, or other digital marketing activities. The contract ensures compliance with Indonesian regulations, particularly the ITE Law (Law No. 11 of 2008 on Electronic Information and Transactions) and the Personal Data Protection Law (Law No. 27 of 2022), while clearly defining service scope, deliverables, performance metrics, and protecting both parties' interests. It's particularly relevant in today's digital-first business environment where companies increasingly rely on professional digital marketing expertise to reach their target audience effectively within the Indonesian market.

1. Parties: Identification of the service provider and client, including their legal business names, registration numbers, and registered addresses in Indonesia

2. Background: Context of the agreement and brief description of the parties' business relationship and intent

3. Definitions: Detailed definitions of technical terms, marketing metrics, and other key terms used throughout the agreement

4. Scope of Services: Comprehensive description of digital marketing services to be provided, including specific platforms and channels

5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination

6. Fees and Payment Terms: Pricing structure, payment schedule, and payment methods compliant with Indonesian banking regulations

7. Service Provider Obligations: Detailed responsibilities of the marketing agency, including deliverables, reporting, and performance standards

8. Client Obligations: Client's responsibilities, including providing necessary materials, approvals, and access to accounts

9. Intellectual Property Rights: Ownership and usage rights of marketing materials, content, and campaign assets

10. Data Protection and Privacy: Compliance with Indonesian data protection laws and handling of personal data

11. Confidentiality: Protection of confidential information and trade secrets

12. Performance Metrics and Reporting: KPIs, reporting requirements, and performance evaluation criteria

13. Warranties and Representations: Guarantees provided by both parties regarding their capabilities and compliance

14. Limitation of Liability: Limits on liability and indemnification provisions

15. Force Majeure: Provisions for unforeseen circumstances affecting contract performance

16. Governing Law and Dispute Resolution: Specification of Indonesian law as governing law and dispute resolution procedures

17. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment