The White Label SaaS Agreement is essential for businesses in Indonesia looking to expand their service offerings without developing their own software solutions. This agreement type is particularly relevant in the current digital transformation landscape, where companies seek to leverage existing technology solutions under their own brand. The document ensures compliance with Indonesian regulations, particularly the Electronic Information and Transactions Law and related data protection requirements. It covers comprehensive terms for service delivery, branding rights, technical specifications, service levels, and commercial arrangements. This agreement is commonly used when a company wants to offer software services to their customers while maintaining their brand identity, without the overhead of internal development. The agreement must specifically address Indonesian legal requirements for electronic system operators, including data center localization, registration requirements, and consumer protection standards.
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1. Parties: Identification of the SaaS provider and the white label partner, including their registered details and authorized representatives
2. Background: Context of the agreement, brief description of the SaaS solution and white labeling arrangement
3. Definitions: Definitions of key terms used throughout the agreement, including technical terms specific to the SaaS service
4. Service Description: Detailed description of the SaaS services, including core functionalities and features
5. White Label Rights and Obligations: Rights granted for rebranding, restrictions, and obligations regarding service presentation
6. License Grant: Scope of software license, usage rights, and restrictions
7. Service Levels: Performance standards, availability commitments, and support services
8. Fees and Payment: Pricing structure, payment terms, and billing procedures
9. Data Protection and Security: Compliance with Indonesian data protection laws, security measures, and data handling procedures
10. Intellectual Property Rights: ownership of IP, protection of rights, and infringement procedures
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Duration of agreement, renewal terms, and termination rights
13. Liability and Indemnification: Limitation of liability, indemnification obligations, and risk allocation
14. General Provisions: Standard legal provisions including governing law, dispute resolution, and notices
1. Professional Services: Include when additional implementation, customization, or training services are required
2. Revenue Sharing: Include when there's a revenue sharing model between the parties
3. Marketing and Promotion: Include when specific marketing obligations or restrictions need to be detailed
4. Disaster Recovery: Include when specific disaster recovery requirements exceed standard service levels
5. Third-Party Integrations: Include when the service involves integration with third-party applications
6. Territory Restrictions: Include when the white label rights are limited to specific geographic regions
7. Change Control: Include when formal change management procedures are required
1. Service Level Agreement (SLA): Detailed performance metrics, response times, and service credits
2. Fee Schedule: Detailed pricing, payment terms, and calculation methods
3. Technical Specifications: Detailed technical requirements and specifications of the SaaS service
4. Support Services: Details of support levels, procedures, and contact information
5. Data Processing Agreement: Detailed data handling procedures and compliance requirements
6. Branding Guidelines: Requirements and restrictions for white labeling and rebranding
7. Implementation Plan: Timeline and milestones for service implementation and go-live
8. Exit Plan: Procedures for service transition upon termination
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