Software As A Service Subscription Agreement Template for Indonesia

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Key Requirements PROMPT example:

Software As A Service Subscription Agreement

"I need a Software as a Service Subscription Agreement for my healthcare software platform that complies with Indonesian medical data regulations, includes stringent data protection clauses, and will be used with hospitals and medical clinics starting from March 2025."

Document background
The Software As A Service Subscription Agreement serves as the primary contractual framework for cloud-based software service delivery in Indonesia. This document is essential when a service provider offers software applications accessible via the internet on a subscription basis to Indonesian customers. It must comply with Indonesian regulations, particularly Law No. 11 of 2008 on Electronic Information and Transactions, Law No. 27 of 2022 on Personal Data Protection, and related implementing regulations. The agreement covers crucial aspects including service access, data processing, security measures, service levels, and payment terms. It's designed to protect both provider and subscriber interests while ensuring regulatory compliance in the Indonesian digital services market. The document is particularly important given Indonesia's growing digital economy and increased adoption of cloud-based solutions across various business sectors.
Suggested Sections

1. Parties: Identification of the contracting parties - the SaaS provider and the subscriber

2. Background: Context of the agreement and brief description of the service being provided

3. Definitions: Definitions of key terms used throughout the agreement

4. Service Provision: Description of the SaaS services, access rights, and service delivery terms

5. Subscription Terms: Duration, renewal, and termination conditions of the subscription

6. Fees and Payment: Pricing, payment terms, billing cycles, and payment methods

7. User Access and Security: User account management, access controls, and security responsibilities

8. Data Protection and Privacy: Compliance with Indonesian data protection laws, data handling, and privacy measures

9. Service Levels: Service availability, performance standards, and support commitments

10. Intellectual Property Rights: Ownership of IP, license terms, and usage restrictions

11. Confidentiality: Protection of confidential information and trade secrets

12. Warranties and Disclaimers: Service warranties and limitations of liability

13. Indemnification: Mutual indemnification obligations and procedures

14. Termination: Grounds for termination, termination process, and post-termination obligations

15. General Provisions: Standard legal provisions including governing law, dispute resolution, and notices

Optional Sections

1. Professional Services: Additional implementation, training, or consulting services if offered

2. Third-Party Integrations: Terms for integration with third-party services or applications

3. Disaster Recovery: Detailed disaster recovery and business continuity provisions for enterprise clients

4. Compliance with Industry Standards: Specific compliance requirements for regulated industries

5. Service Credits: Compensation scheme for service level failures

6. Custom Development: Terms for any custom development or modifications

7. Multi-tenant Infrastructure: Specific provisions for shared infrastructure environments

8. Geographic Restrictions: Specific provisions for data localization and geographic service restrictions

9. Audit Rights: Client rights to audit service provider's compliance and security measures

Suggested Schedules

1. Service Description Schedule: Detailed technical specifications and features of the SaaS service

2. Service Level Agreement (SLA): Detailed service levels, performance metrics, and remedies

3. Pricing Schedule: Detailed pricing tiers, subscription options, and additional services

4. Data Processing Agreement: Detailed terms for personal data processing in compliance with Indonesian law

5. Security Requirements: Detailed security protocols, measures, and compliance requirements

6. Support Services Schedule: Details of support levels, response times, and escalation procedures

7. Acceptable Use Policy: Rules and restrictions for use of the service

8. Implementation Plan: Timeline and milestones for service implementation if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Information Technology

E-commerce

Financial Services

Healthcare

Education

Manufacturing

Professional Services

Retail

Telecommunications

Real Estate

Government Services

Media and Entertainment

Logistics and Supply Chain

Insurance

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Information Security

Operations

Sales

Business Development

Risk Management

Data Protection

Finance

Customer Success

Technical Support

Relevant Roles

Chief Technology Officer

Legal Counsel

IT Director

Procurement Manager

Compliance Officer

Information Security Manager

Contract Manager

Software Development Manager

Operations Director

Risk Manager

Data Protection Officer

Business Development Manager

Sales Director

Account Manager

System Administrator

Industries
Law No. 11 of 2008 on Electronic Information and Transactions (EIT Law): This is the primary legislation governing electronic transactions in Indonesia. It provides the legal framework for electronic transactions, digital signatures, and the validity of electronic contracts.
Government Regulation No. 71 of 2019 on Implementation of Electronic Systems and Transactions: This regulation provides detailed provisions on electronic system operations, including requirements for electronic system providers, data center locations, and registration obligations.
Law No. 27 of 2022 on Personal Data Protection: Indonesia's comprehensive data protection law that regulates the collection, processing, and storage of personal data, which is crucial for SaaS providers handling user data.
Law No. 8 of 1999 on Consumer Protection: This law establishes consumer rights and business obligations in Indonesia, relevant for SaaS providers offering services to Indonesian consumers.
Law No. 28 of 2014 on Copyright: Governs copyright protection for software and digital content, essential for protecting the intellectual property rights in the SaaS solution.
Minister of Communication and Information Technology Regulation No. 5 of 2020: Regulates private electronic system operators, including classification, registration requirements, and obligations for electronic system providers.
Law No. 24 of 2019 on Creative Economy: Provides framework for digital creative industry including software development and digital services, relevant for SaaS businesses operating in Indonesia.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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