The Terms and Conditions Agreement serves as the primary legal framework governing the relationship between service providers and users in Indonesia. This document is essential for any business operating digital services, websites, or applications in Indonesia, ensuring compliance with local regulations including the ITE Law, PDP Law, and Consumer Protection Law. The agreement should be used when establishing online services, digital platforms, or any business requiring user interaction through electronic means. It covers crucial aspects such as user rights and obligations, data protection, intellectual property rights, liability limitations, and dispute resolution mechanisms, all within the context of Indonesian law. The Terms and Conditions Agreement must be drafted to ensure enforceability while remaining accessible and understandable to users, incorporating mandatory local legal requirements while protecting business interests.
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1. Parties: Identification of the service provider/business and definition of the user/customer
2. Background: Brief context about the services/products offered and purpose of these terms
3. Definitions: Clear definitions of key terms used throughout the document
4. Scope of Services: Detailed description of services/products offered and their limitations
5. User Registration and Account: Requirements and process for user registration and account management
6. User Rights and Obligations: List of user responsibilities and permitted activities
7. Service Provider Rights and Obligations: Company's commitments, responsibilities, and reserved rights
8. Pricing and Payment Terms: Details about pricing, payment methods, and related policies
9. Personal Data Protection: Data collection, processing, and protection policies in compliance with Indonesian PDP Law
10. Intellectual Property Rights: Protection and ownership of intellectual property
11. Prohibited Activities: Clear list of forbidden actions and misuse of services
12. Limitation of Liability: Scope and limits of company's liability under Indonesian law
13. Termination: Conditions and process for service termination by either party
14. Dispute Resolution: Process for handling disputes in accordance with Indonesian law
15. Governing Law: Specification of Indonesian law as governing law and jurisdiction
1. Electronic Communication Consent: Required if the service relies heavily on electronic communications - ensures compliance with ITE Law
2. Age Restrictions: Required if service has age limitations or is not suitable for minors
3. Shipping and Delivery: Include for e-commerce platforms or services involving physical goods
4. Returns and Refunds: Required for e-commerce or paid services
5. Service Level Agreement: Include for technical or ongoing services with specific performance metrics
6. API Usage Terms: Required if providing API access to services
7. Marketplace Rules: Include if platform operates as a marketplace connecting buyers and sellers
8. Content License: Required if users can upload or create content on the platform
1. Privacy Policy: Detailed privacy and data protection policies compliant with Indonesian PDP Law
2. Acceptable Use Policy: Detailed guidelines for acceptable platform or service usage
3. Fee Schedule: Detailed breakdown of all applicable fees and charges
4. Technical Requirements: Technical specifications and requirements for using the service
5. Service Level Metrics: Detailed performance metrics and service standards if applicable
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