The Freelance Software Developer Contract is essential for businesses in Indonesia seeking to engage independent software developers while maintaining clear legal boundaries and project expectations. This document is specifically designed to comply with Indonesian legal requirements, including the Civil Code, Manpower Law, and Electronic Information and Transactions Law. It's particularly valuable when companies need specialized software development expertise without establishing permanent employment relationships. The contract covers crucial aspects such as project scope, intellectual property rights, confidentiality, payment terms, and quality standards, while ensuring the independent contractor status is properly maintained under Indonesian law. It's structured to accommodate various development projects while providing adequate protection for both the client company and the freelance developer.
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1. Parties: Identification of the Client and the Freelance Software Developer, including their full legal names, addresses, and any relevant registration numbers
2. Background: Context of the agreement, including the Client's need for software development services and the Developer's confirmation of capability to provide such services
3. Definitions: Key terms used throughout the agreement, including technical terms specific to software development
4. Scope of Services: Detailed description of the software development services to be provided, including any specific technologies or platforms
5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination by either party
6. Payment Terms: Fee structure, payment schedule, invoicing requirements, and any applicable taxes
7. Intellectual Property Rights: Ownership and transfer of rights in developed software, existing IP, and third-party components
8. Confidentiality: Protection of confidential information and trade secrets of both parties
9. Developer's Obligations: Key responsibilities including quality standards, reporting, and communication requirements
10. Client's Obligations: Client responsibilities including providing necessary information, access, and timely feedback
11. Warranties and Representations: Developer's warranties regarding service quality and compliance with laws
12. Limitation of Liability: Limitations on liability and indemnification provisions
13. Independent Contractor Status: Clear statement of freelance nature of relationship and independence from employment
14. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement
1. Data Protection: Specific provisions for handling personal or sensitive data, required if the project involves processing such data
2. Non-Compete: Restrictions on working with competitors, optional based on project sensitivity and market conditions
3. Source Code Escrow: Arrangements for source code safekeeping, relevant for critical software projects
4. Performance Metrics: Specific KPIs and performance standards, useful for longer-term or complex projects
5. Change Control: Process for managing changes to project scope or requirements, important for flexible projects
6. Insurance: Requirements for professional indemnity or other insurance coverage
7. Subcontracting: Terms governing the use of subcontractors, if permitted
8. Exit Management: Detailed procedures for project handover upon contract termination
1. Schedule 1 - Project Specification: Detailed technical specifications, requirements, and deliverables
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, payment milestones, and any additional costs
3. Schedule 3 - Timeline and Milestones: Project timeline, key milestones, and delivery dates
4. Schedule 4 - Testing and Acceptance Criteria: Specific criteria and procedures for accepting deliverables
5. Schedule 5 - Support and Maintenance Terms: Terms for any post-delivery support or maintenance services
6. Appendix A - Technical Stack: List of approved technologies, frameworks, and tools to be used
7. Appendix B - Security Requirements: Specific security standards and requirements to be followed
8. Appendix C - Required Documentation: List and format of documentation to be delivered with the software
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