The Offer Terms and Conditions document serves as a critical legal instrument for businesses operating in Indonesia, establishing the framework for commercial transactions and protecting the interests of both the offering party and potential customers. This document is essential when businesses need to standardize their offering terms across multiple transactions, whether in B2B or B2C contexts. It incorporates requirements from Indonesian civil law, consumer protection regulations, and electronic transaction laws where applicable. The terms and conditions must be drafted in Indonesian language or bilingually, as required by Law No. 24 of 2009, and should clearly outline the offer's scope, acceptance process, pricing, delivery terms, warranties, and limitations of liability. This document is particularly important for businesses engaging in regular commercial transactions, online sales, or providing standardized services in the Indonesian market.
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1. Parties: Identification of the entity making the offer (typically the business) and description of potential accepting parties (customers/clients)
2. Background: Context of the offer and general introduction to the products/services being offered
3. Definitions: Clear definitions of key terms used throughout the document
4. Scope of Offer: Detailed description of what is being offered, including any limitations or restrictions
5. Price and Payment Terms: Pricing information, payment methods, terms, and conditions related to payments
6. Acceptance Process: How the offer can be accepted and when a binding contract is formed
7. Delivery Terms: Terms related to delivery of products or provision of services
8. Warranties and Representations: Warranties provided and representations made by both parties
9. Limitation of Liability: Limitations on the liability of the offering party
10. Termination: Circumstances under which the offer can be withdrawn or terminated
11. Governing Law: Specification of Indonesian law as governing law and jurisdiction details
12. Language: Statement about the governing language version (as per Law No. 24 of 2009)
1. Intellectual Property Rights: Section needed when the offer involves licensed content, software, or IP-protected materials
2. Data Protection: Required when personal data collection and processing is involved in the transaction
3. Force Majeure: Optional clause defining circumstances beyond parties' control that may affect performance
4. Insurance Requirements: Include when specific insurance coverage is required for the transaction
5. Compliance with Laws: Additional section needed for regulated industries or specific compliance requirements
6. Technical Requirements: Include when the offer involves technical specifications or system requirements
7. Return Policy: Required for product sales, especially in e-commerce contexts
1. Product/Service Specifications: Detailed specifications of products or services being offered
2. Price List: Comprehensive listing of prices and payment structures
3. Service Level Agreement: Details of service levels and performance metrics, if applicable
4. Technical Requirements Schedule: Detailed technical specifications and requirements
5. Data Processing Terms: Detailed terms for personal data handling and processing
6. Delivery Schedule: Specific delivery terms, timeframes, and locations
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