The Master Services Agreement For Software Development serves as the primary contractual framework for organizations engaging in software development projects in Indonesia. This agreement is essential when a client requires ongoing software development services from a provider, potentially spanning multiple projects or phases. It establishes the fundamental terms and conditions while allowing for specific projects to be detailed in subsequent statements of work. The document ensures compliance with Indonesian regulations, including the ITE Law (Law No. 11 of 2008) and Personal Data Protection Law (Law No. 27 of 2022), while addressing critical aspects such as intellectual property rights, service levels, acceptance criteria, and risk allocation. It's particularly valuable for long-term development relationships where flexibility and scalability are required, while maintaining consistent governance and commercial terms.
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Key Requirements PROMPT example:
Master Services Agreement For Software Development
"I need a Master Services Agreement for Software Development to engage a local Indonesian developer for creating healthcare management software, with strong data protection clauses and compliance with Indonesian healthcare regulations, targeting project commencement in March 2025."
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1. Parties: Identification of the contracting parties with full legal names and addresses
2. Background: Context of the agreement and general business relationship between the parties
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Scope of Services: General framework of software development services to be provided
5. Service Provider Obligations: Key responsibilities and commitments of the service provider
6. Client Obligations: Key responsibilities and commitments of the client
7. Project Governance: Management structure, reporting lines, and decision-making processes
8. Ordering Process: Procedures for requesting and initiating specific development projects
9. Acceptance Testing: Procedures for testing and accepting delivered software
10. Charges and Payment: Pricing structure, payment terms, and invoicing procedures
11. Intellectual Property Rights: Ownership and licensing of pre-existing and newly developed IP
12. Data Protection and Privacy: Compliance with Indonesian data protection laws and data handling procedures
13. Confidentiality: Protection and handling of confidential information
14. Warranties and Representations: Guarantees provided by both parties
15. Liability and Indemnification: Limitation of liability and indemnification obligations
16. Term and Termination: Duration of agreement and termination provisions
17. Force Majeure: Handling of events beyond parties' reasonable control
18. Governing Law and Dispute Resolution: Application of Indonesian law and dispute resolution procedures
19. General Provisions: Standard boilerplate clauses including notices, assignment, and amendments
1. Information Security: Specific security requirements and protocols, recommended when handling sensitive data or systems
2. Business Continuity: Disaster recovery and business continuity requirements, important for critical systems
3. Change Control: Formal procedures for managing changes to specifications or requirements, useful for complex projects
4. Service Level Agreement: Specific performance metrics and service levels, recommended for ongoing maintenance services
5. Transition Services: Procedures for knowledge transfer and handover, important when client expects to take over maintenance
6. Open Source Software: Policies regarding use of open source software, important when open source components are used
7. Cloud Services: Specific provisions for cloud-based development and deployment, relevant for cloud-based solutions
8. Regulatory Compliance: Industry-specific compliance requirements, necessary for regulated industries
1. Schedule 1 - Service Description: Detailed description of software development services and methodology
2. Schedule 2 - Charges and Rates: Detailed pricing, rate cards, and payment terms
3. Schedule 3 - Service Levels: Performance metrics, response times, and quality standards
4. Schedule 4 - Technical Requirements: Technical specifications and standards for development
5. Schedule 5 - Project Governance: Detailed procedures for project management and reporting
6. Schedule 6 - Security Requirements: Information security standards and requirements
7. Schedule 7 - Form of Statement of Work: Template for individual project statements of work
8. Schedule 8 - Approved Subcontractors: List of pre-approved subcontractors if applicable
9. Appendix A - Contact Details: Key contact information for both parties
10. Appendix B - Testing and Acceptance Procedures: Detailed procedures for testing and acceptance
Authors
Relevant legal definitions
Acceptance Criteria
Acceptance Tests
Affiliate
Applicable Law
Background IP
Business Day
Change Control Procedure
Charges
Client Materials
Client Personal Data
Confidential Information
Data Protection Laws
Defect
Deliverables
Development Environment
Documentation
Effective Date
Force Majeure Event
Good Industry Practice
Implementation Services
Intellectual Property Rights
ITE Law
Key Personnel
Milestone
Object Code
Open Source Software
Personal Data
Project
Project Manager
Provider Materials
Quality Standards
Release
Services
Service Levels
Source Code
Specifications
Statement of Work
Software
Software Development Life Cycle
System
Technical Requirements
Term
Third Party Materials
Updates
User Acceptance Testing
Virus
Work Product
Acceptance Tests
Affiliate
Applicable Law
Background IP
Business Day
Change Control Procedure
Charges
Client Materials
Client Personal Data
Confidential Information
Data Protection Laws
Defect
Deliverables
Development Environment
Documentation
Effective Date
Force Majeure Event
Good Industry Practice
Implementation Services
Intellectual Property Rights
ITE Law
Key Personnel
Milestone
Object Code
Open Source Software
Personal Data
Project
Project Manager
Provider Materials
Quality Standards
Release
Services
Service Levels
Source Code
Specifications
Statement of Work
Software
Software Development Life Cycle
System
Technical Requirements
Term
Third Party Materials
Updates
User Acceptance Testing
Virus
Work Product
Clauses
Services Scope
Service Provider Obligations
Client Obligations
Project Management
Change Control
Acceptance Testing
Service Levels
Quality Standards
Charges and Payment
Intellectual Property Rights
Data Protection
Confidentiality
Personnel
Subcontracting
Warranties
Liability
Indemnification
Insurance
Force Majeure
Term and Termination
Exit Management
Audit Rights
Compliance with Laws
Anti-Corruption
Assignment and Novation
Dispute Resolution
Governing Law
Notices
Electronic Signatures
Amendments
Entire Agreement
Severability
Waiver
Third Party Rights
Relationship of Parties
Counterparts
Service Provider Obligations
Client Obligations
Project Management
Change Control
Acceptance Testing
Service Levels
Quality Standards
Charges and Payment
Intellectual Property Rights
Data Protection
Confidentiality
Personnel
Subcontracting
Warranties
Liability
Indemnification
Insurance
Force Majeure
Term and Termination
Exit Management
Audit Rights
Compliance with Laws
Anti-Corruption
Assignment and Novation
Dispute Resolution
Governing Law
Notices
Electronic Signatures
Amendments
Entire Agreement
Severability
Waiver
Third Party Rights
Relationship of Parties
Counterparts
Relevant Industries
Information Technology
Financial Services
Healthcare
E-commerce
Manufacturing
Telecommunications
Education
Government
Retail
Banking
Insurance
Transportation
Logistics
Energy
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Software Development
Project Management
Operations
Compliance
Risk Management
Engineering
Commercial
Vendor Management
Technical Operations
Relevant Roles
Chief Technology Officer
Chief Information Officer
Head of Legal
Legal Counsel
IT Director
Software Development Manager
Project Manager
Procurement Manager
Contracts Manager
Technical Director
Chief Digital Officer
Head of Engineering
VP of Technology
IT Procurement Specialist
General Counsel
Commercial Director
Operations Director
Chief Operating Officer
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