Public Offer Agreement Template for Indonesia

The Public Offer Agreement serves as a standardized contract template for businesses operating in Indonesia who wish to make offers to the general public. This document type is particularly relevant in today's digital economy where businesses frequently make broad offers through websites, apps, or other public platforms. The agreement must comply with Indonesian legal requirements, including the Civil Code (KUHPerdata), Consumer Protection Law (Law No. 8 of 1999), and Electronic Information and Transactions Law (Law No. 11 of 2008). It typically includes detailed terms about the offer, acceptance mechanisms, pricing, delivery or service provision, consumer rights, and dispute resolution procedures. Public Offer Agreements are essential for businesses engaging in B2C transactions, especially in e-commerce, retail, and service industries, where standardized terms need to be presented to multiple potential customers simultaneously.

1. Parties: Identifies the offering party (company/business) and defines the category of parties who may accept the offer (potential customers/users)

2. Background: Explains the context of the public offer and the general purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Scope of Offer: Clearly details what products, services, or rights are being offered and under what conditions

5. Terms of Acceptance: Specifies how the offer can be accepted and when the agreement becomes binding

6. Price and Payment Terms: Details the pricing structure, payment methods, and related terms

7. Rights and Obligations: Outlines the rights and obligations of both the offering party and accepting parties

8. Term and Termination: Specifies the duration of the agreement and conditions for termination

9. Limitations of Liability: Sets out the boundaries of liability in accordance with Indonesian law

10. Governing Law and Dispute Resolution: Confirms Indonesian law as governing law and specifies dispute resolution mechanisms

11. Notices: Specifies how official communications should be made between parties

12. General Provisions: Includes standard boilerplate clauses required under Indonesian law