The Software Developer Independent Contractor Agreement is essential for businesses operating in Indonesia that need to engage software developers on a contractual basis. This document is particularly relevant in today's digital economy where companies require flexible access to technical talent while maintaining clear legal boundaries between employment and contractor relationships. The agreement complies with Indonesian law, including the Civil Code (KUHPerdata), Law No. 13 of 2003 on Manpower, and technology-related regulations. It addresses key aspects such as intellectual property rights, confidentiality, service scope, payment terms, and tax considerations specific to the Indonesian context. This agreement is crucial for protecting both parties' interests while ensuring the independent nature of the relationship is properly documented and maintained.
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1. Parties: Identifies the contracting parties and their legal status, including company/individual details and addresses
2. Background: Explains the context of the agreement and confirms the contractor's independent status
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Details the software development services to be provided, including specific responsibilities and deliverables
5. Term and Engagement: Specifies the duration of the agreement and nature of the engagement
6. Payment Terms: Outlines compensation, payment schedule, expenses, and invoicing procedures
7. Independent Contractor Status: Explicitly establishes the independent nature of the relationship and disclaims employment relationship
8. Intellectual Property Rights: Addresses ownership and transfer of IP rights in developed software and materials
9. Confidentiality: Defines confidential information and obligations to protect it
10. Contractor's Obligations: Lists specific duties, standards of work, and compliance requirements
11. Client's Obligations: Outlines client's responsibilities and support requirements
12. Representations and Warranties: States parties' assurances regarding capacity, skills, and compliance
13. Termination: Specifies conditions for ending the agreement and post-termination obligations
14. Limitation of Liability: Sets boundaries on parties' liability and includes indemnification provisions
15. General Provisions: Contains standard legal clauses including notices, amendments, governing law, and dispute resolution
1. Non-Competition: Restricts contractor from working with competitors - include when protecting market position is crucial
2. Non-Solicitation: Prevents poaching of clients/employees - use when contractor will have significant client/employee contact
3. Insurance: Specifies required insurance coverage - include for high-value or high-risk projects
4. Data Protection: Details data handling requirements - include when personal data processing is involved
5. Source Code Escrow: Establishes source code safekeeping arrangements - use for business-critical software
6. Performance Metrics: Defines KPIs and performance standards - include when specific metrics are crucial
7. Security Requirements: Specifies security protocols and compliance - use for sensitive projects
8. Disaster Recovery: Outlines backup and recovery procedures - include for mission-critical development
9. Third-Party Code Usage: Governs use of open-source or third-party software - include when third-party components are expected
1. Schedule A - Scope of Work: Detailed description of software development services, technical requirements, and deliverables
2. Schedule B - Payment Schedule: Detailed breakdown of fees, milestones, and payment terms
3. Schedule C - Service Levels: Performance standards, response times, and quality metrics
4. Schedule D - Technical Specifications: Detailed technical requirements and specifications for the software
5. Schedule E - Project Timeline: Project phases, milestones, and delivery dates
6. Appendix 1 - Approved Third-Party Software: List of approved third-party and open-source software components
7. Appendix 2 - Security Protocols: Detailed security requirements and compliance procedures
8. Appendix 3 - Testing Procedures: Software testing requirements and acceptance criteria
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