The Merchant Agreement is a crucial document used in Indonesian business relationships to formalize the arrangement between merchants and service providers or platform operators. This agreement is essential when a business wants to sell products or services through a platform or utilize payment processing services. The document must comply with Indonesian regulations including Law No. 7 of 2014 on Trade, Government Regulation No. 80 of 2019 on E-commerce, and relevant Bank Indonesia regulations. The Merchant Agreement typically covers commercial terms, operational procedures, commission structures, payment processing, data protection, and regulatory compliance requirements. It's particularly important in the current digital economy where businesses increasingly rely on electronic platforms and payment systems.
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1. Parties: Identification of the merchant and the service provider/platform, including their legal 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. Services and Scope: Detailed description of services provided and operational scope
5. Merchant Obligations: Key responsibilities and commitments of the merchant
6. Platform Obligations: Key responsibilities and commitments of the service provider/platform
7. Fees and Payment Terms: Financial terms, commission structures, and payment processes
8. Operational Requirements: Day-to-day operational procedures and standards
9. Compliance and Licenses: Regulatory compliance requirements and necessary licenses
10. Representations and Warranties: Legal assurances provided by both parties
11. Intellectual Property: Rights and restrictions regarding use of IP, branding, and content
12. Confidentiality: Protection of confidential information and trade secrets
13. Data Protection: Obligations regarding personal data handling and privacy
14. Liability and Indemnification: Risk allocation and liability limitations
15. Term and Termination: Duration, renewal, and termination provisions
16. Dispute Resolution: Process for handling disputes and applicable jurisdiction
17. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Insurance: Insurance requirements - include when specific coverage is required
2. Service Levels: Specific performance metrics - include for technology-dependent services
3. Marketing and Promotion: Marketing obligations and restrictions - include when joint marketing is contemplated
4. Training: Training requirements - include when platform requires specific operational training
5. Audit Rights: Audit provisions - include for high-value or regulated services
6. Force Majeure: Force majeure provisions - include for long-term or critical services
7. Anti-Corruption: Anti-corruption provisions - include for international or high-value transactions
8. Business Continuity: Business continuity requirements - include for critical services
1. Schedule 1 - Service Description: Detailed description of services and delivery requirements
2. Schedule 2 - Fee Schedule: Detailed fee structure, commission rates, and payment terms
3. Schedule 3 - Technical Requirements: Technical specifications and integration requirements
4. Schedule 4 - Operational Procedures: Detailed operational processes and procedures
5. Schedule 5 - Service Levels: Performance metrics and service level requirements
6. Schedule 6 - Data Processing Requirements: Specific data handling and privacy requirements
7. Appendix A - Required Documents: List of required licenses, permits, and certificates
8. Appendix B - Contact Details: Key contact information for both parties
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