The Non-Solicitation Agreement serves as a crucial business protection tool in the Indonesian legal framework, designed to safeguard companies' valuable business relationships, human resources, and client connections. This document is particularly relevant when businesses engage in partnerships, employment relationships, or service agreements where parties gain access to valuable contacts and relationships. The agreement must comply with Indonesian civil law, employment regulations (Law No. 13 of 2003 on Manpower), and competition laws (Law No. 5 of 1999). It typically includes specific provisions about restricted activities, duration of restrictions, geographical limitations, and enforcement mechanisms, all carefully drafted to ensure enforceability under Indonesian jurisdiction while maintaining fair business practices.
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1. Parties: Identifies and defines the parties entering into the agreement, including their legal names, addresses, and company registration details
2. Background: Sets out the context and purpose of the agreement, including the business relationship between the parties
3. Definitions: Defines key terms used throughout the agreement, including 'solicitation', 'restricted period', 'confidential information', and other relevant terms
4. Scope of Non-Solicitation: Details the specific activities prohibited under the agreement, including employee, customer, and supplier non-solicitation provisions
5. Duration: Specifies the time period during which the non-solicitation obligations will remain in effect
6. Geographic Scope: Defines the geographical areas where the non-solicitation restrictions apply
7. Exceptions: Lists permitted activities that would not constitute a breach of the agreement
8. Confidentiality Obligations: Outlines the duties to maintain confidentiality of business information obtained during the business relationship
9. Remedies: Specifies the consequences of breach and available remedies, including injunctive relief and damages
10. Governing Law and Jurisdiction: Establishes Indonesian law as the governing law and specifies jurisdiction for dispute resolution
11. General Provisions: Standard contractual provisions including severability, entire agreement, and amendments
1. Non-Compete Provisions: Additional restrictions on competitive activities, used when broader protection is needed beyond non-solicitation
2. Assignment and Succession: Provisions for transferring rights under the agreement, included when relevant to corporate structure or potential future transactions
3. Alternative Dispute Resolution: Mediation or arbitration procedures, included when parties prefer alternative dispute resolution to court proceedings
4. Special Industry Provisions: Industry-specific terms and compliance requirements, included for regulated industries
5. Return of Materials: Procedures for returning confidential materials, included when significant physical or electronic materials are involved
6. Survival Clause: Specifies which provisions continue after termination, included when certain obligations should extend beyond the agreement term
1. Schedule A - Restricted Customers: List of specific customers covered by the non-solicitation provisions
2. Schedule B - Restricted Employees: Categories or list of employees covered by the non-solicitation provisions
3. Schedule C - Restricted Territory: Detailed description or map of geographical areas where restrictions apply
4. Appendix 1 - Confidential Information: Detailed categorization of information considered confidential under the agreement
5. Appendix 2 - Permitted Activities: Detailed list of activities explicitly permitted despite non-solicitation restrictions
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