The Master Service Agreement Software Development serves as the primary contractual framework for companies engaging in software development projects in Indonesia. This document is essential when parties anticipate an ongoing relationship involving multiple software development projects over time, rather than a single, discrete project. It establishes the foundational terms and conditions that will govern all future work, including intellectual property rights, confidentiality obligations, and compliance with Indonesian regulations such as Law No. 11 of 2008 on Electronic Information and Transactions and Law No. 27 of 2022 on Personal Data Protection. The agreement allows for project-specific details to be handled through individual statements of work while maintaining consistent overarching terms and risk allocation between parties.
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1. Parties: Identification of the contracting parties, including their legal names, registration numbers, and addresses
2. Background: Context of the agreement, relationship between parties, and general purpose of the MSA
3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement
4. Scope of Services: General framework of software development services covered under the MSA
5. Project Management: Governance structure, reporting lines, and project management methodology
6. Service Provider Obligations: Key responsibilities and commitments of the software development provider
7. Client Obligations: Key responsibilities and commitments of the client
8. Change Management: Process for requesting, approving, and implementing changes to services or deliverables
9. Intellectual Property Rights: Ownership and licensing of pre-existing and newly created intellectual property
10. Confidentiality: Protection and handling of confidential information
11. Data Protection: Compliance with Indonesian data protection laws and data handling requirements
12. Fees and Payment: Payment terms, fee structure, and invoicing procedures
13. Term and Termination: Duration of agreement and circumstances for termination
14. Warranties and Representations: Guarantees provided by both parties regarding their capacity and service quality
15. Liability and Indemnification: Limitation of liability and indemnification obligations
16. Force Majeure: Handling of circumstances beyond parties' reasonable control
17. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law
18. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Source Code Escrow: Used when source code needs to be held in escrow for client protection
2. Service Levels: Include when specific performance metrics and service levels need to be maintained
3. Security Requirements: Detailed security obligations when handling sensitive data or systems
4. Business Continuity: Required for critical systems where disaster recovery planning is essential
5. Third-Party Components: Needed when third-party software or components will be incorporated
6. International Data Transfers: Required when data will be transferred across borders
7. Personnel Requirements: Include when specific qualifications or security clearances are required
8. Insurance Requirements: Detailed insurance obligations for high-value or high-risk projects
1. Schedule 1 - Service Description: Detailed description of software development services
2. Schedule 2 - Pricing and Payment Terms: Detailed fee structure, rates, and payment milestones
3. Schedule 3 - Service Levels and KPIs: Performance metrics and measurement criteria
4. Schedule 4 - Technical Requirements: Detailed technical specifications and requirements
5. Schedule 5 - Project Governance: Detailed procedures for project management and oversight
6. Schedule 6 - Personnel and Key Contacts: Key personnel and contact information for both parties
7. Appendix A - Change Request Template: Standard form for requesting and documenting changes
8. Appendix B - Acceptance Testing Procedures: Procedures and criteria for accepting deliverables
9. Appendix C - Security Standards: Detailed security requirements and compliance standards
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