The White Label Service Agreement is a crucial commercial contract used when a business wants to provide its services under another company's brand name in the Indonesian market. This arrangement is particularly common in sectors such as technology, financial services, and professional services, where companies seek to leverage existing service capabilities while maintaining their market presence. The agreement must comply with Indonesian law, including the Civil Code (Kitab Undang-undang Hukum Perdata), Law No. 20 of 2016 on Marks and Geographical Indications, and relevant sector-specific regulations. It typically includes detailed provisions on service delivery, quality standards, intellectual property rights, branding requirements, commercial terms, and risk allocation. The document is essential for businesses looking to expand their service offerings without developing in-house capabilities or those seeking to monetize their existing service infrastructure through white label partnerships.
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1. Parties: Identification of the service provider and the white label partner
2. Background: Context of the agreement and brief description of parties' business relationship
3. Definitions: Key terms used throughout the agreement
4. Appointment and Scope: Rights to white label and resell services, exclusivity provisions if any
5. White Labeling Rights and Obligations: Specific rights regarding rebranding, marketing, and distribution
6. Service Provider Obligations: Core obligations including service delivery, maintenance, and support
7. White Label Partner Obligations: Partner's responsibilities including marketing, minimum volumes if any
8. Intellectual Property Rights: IP ownership, licensing terms, and brand usage guidelines
9. Quality Control and Service Levels: Service level agreements, quality standards, and monitoring
10. Fees and Payment Terms: Pricing, payment schedule, and related financial terms
11. Term and Termination: Duration, renewal, and termination provisions
12. Confidentiality: Protection of confidential information and trade secrets
13. Warranties and Representations: Standard warranties and specific service guarantees
14. Liability and Indemnification: Risk allocation between parties
15. Force Majeure: Provisions for unforeseen circumstances and acts of God
16. General Provisions: Standard boilerplate clauses including notices, assignment, and amendments
1. Data Protection: Required if personal data processing is involved in service delivery
2. Transition Services: Include if specific provisions needed for service transition at start or end
3. Territory Restrictions: Include if services are limited to specific geographic areas
4. Change Control: Include for complex services requiring formal change management
5. Marketing and Promotion: Include if specific marketing obligations or restrictions apply
6. Training: Include if service provider must train partner's personnel
7. Disaster Recovery: Include for critical services requiring business continuity planning
8. Anti-Corruption: Include for high-value contracts or government-related services
9. Insurance: Include if specific insurance requirements apply
1. Schedule 1 - Services Description: Detailed description of services to be provided
2. Schedule 2 - Service Levels: Specific service level metrics and measurement methodology
3. Schedule 3 - Fees and Charges: Detailed pricing structure and payment terms
4. Schedule 4 - Brand Guidelines: Specific requirements for use of brands and marks
5. Schedule 5 - Technical Requirements: Technical specifications and integration requirements
6. Schedule 6 - Support Services: Details of support and maintenance services
7. Schedule 7 - Change Request Form: Template for requesting and documenting changes
8. Appendix A - Contact Details: Key contacts for both parties
9. Appendix B - Approved Subcontractors: List of approved subcontractors if applicable
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