Software Subscription Agreement Template for Indonesia

The Software Subscription Agreement is essential for businesses providing or acquiring software services in Indonesia. This document is used when a service provider offers software access on a subscription basis, whether cloud-based or locally hosted, and needs to establish clear legal and operational parameters. The agreement must comply with Indonesian regulations, particularly Law No. 11 of 2008 on Electronic Information and Transactions (ITE Law) and related data protection regulations. It covers crucial aspects such as service scope, access rights, payment terms, service levels, data handling, and intellectual property rights. The document is particularly important in the context of Indonesia's growing digital economy and the increasing adoption of software-as-a-service (SaaS) solutions across various industries.

1. Parties: Identification of the contracting parties including their full legal names, registration numbers, and addresses

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

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

4. Subscription Grant: Scope of the subscription, license terms, and access rights to the software

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

6. Term and Termination: Duration of the agreement, renewal terms, and termination rights

7. Service Provider Obligations: Key obligations including service delivery, maintenance, and support

8. Customer Obligations: Customer responsibilities, acceptable use policy, and access management

9. Service Levels: Performance standards, availability commitments, and service credit mechanism

10. Data Protection and Security: Data handling, security measures, and compliance with Indonesian data protection laws

11. Intellectual Property Rights: IP ownership, licenses, and restrictions

12. Confidentiality: Protection of confidential information and trade secrets

13. Warranties and Disclaimers: Service provider warranties and statutory disclaimers

14. Limitation of Liability: Liability caps and exclusions compliant with Indonesian law

15. Force Majeure: Events beyond reasonable control and their consequences

16. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law