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Distance Contract for Indonesia

Distance Contract Template for Indonesia

This document is a comprehensive Distance Contract template designed for use in Indonesia, complying with Law No. 11 of 2008 on Electronic Information and Transactions (ITE Law) and Indonesian Consumer Protection Law. It establishes the legal framework for remote selling of goods or services, incorporating mandatory consumer protection provisions, electronic transaction requirements, and specific Indonesian regulatory compliance elements. The contract addresses key aspects including electronic ordering processes, payment terms, delivery conditions, consumer rights, data protection, and dispute resolution mechanisms under Indonesian jurisdiction.

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What is a Distance Contract?

This Distance Contract template is essential for businesses engaging in remote selling activities in Indonesia, whether through e-commerce platforms, telephone sales, or other distance communication methods. It is specifically designed to comply with Indonesian regulations, including the ITE Law, Consumer Protection Law, and related electronic commerce regulations. The document is particularly relevant in the current digital economy where businesses increasingly operate through online channels and remote transactions. It includes comprehensive provisions for electronic transactions, consumer rights, data protection, and dispute resolution, making it suitable for both B2C and B2B transactions. The contract template addresses specific Indonesian legal requirements for distance selling, including mandatory information disclosure, cooling-off periods, and consumer protection measures.

What sections should be included in a Distance Contract?

1. Parties: Identification of the seller and buyer, including complete business/personal details and registration numbers

2. Background: Context of the agreement and brief description of the business relationship

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

4. Scope of Agreement: Details of products/services being sold and general terms of supply

5. Ordering Process: Process for placing and accepting orders, including electronic confirmation requirements

6. Price and Payment: Pricing details, payment methods, and payment terms

7. Delivery: Delivery terms, timeframes, and shipping costs

8. Cancellation Rights: Consumer's right to cancel orders and cooling-off period as required by law

9. Returns and Refunds: Process for returning goods and obtaining refunds

10. Warranties and Representations: Standard warranties about products/services and legal compliance

11. Limitation of Liability: Limitations on seller's liability within legal bounds

12. Data Protection: Handling of personal data in compliance with Indonesian data protection laws

13. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes

14. Term and Termination: Duration of agreement and termination provisions

What sections are optional to include in a Distance Contract?

1. Intellectual Property Rights: Required when digital content or licensed materials are involved in the sale

2. Technical Requirements: Needed when specific technical requirements exist for accessing or using digital products

3. Service Level Agreement: Required for ongoing service provisions or digital services

4. Force Majeure: Optional clause for circumstances beyond parties' control affecting performance

5. Confidentiality: Required when sensitive business information is shared between parties

6. Assignment: Optional section regarding rights to assign the contract to other parties

What schedules should be included in a Distance Contract?

1. Schedule 1 - Product Specifications: Detailed specifications of products or services being sold

2. Schedule 2 - Pricing Schedule: Detailed pricing information including any volume discounts or special rates

3. Schedule 3 - Service Level Metrics: Specific service levels and performance metrics for digital services

4. Schedule 4 - Returns Policy: Detailed policy for returns, including procedure and conditions

5. Appendix A - Technical Requirements: Detailed technical specifications for digital products or services

6. Appendix B - Privacy Policy: Detailed privacy policy and data handling procedures

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

Jurisdiction

Indonesia

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use

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