1. SCOPE OF WORKS
1.1. Contract Review/Contract Preparation (case-by-case basis)
Our provision of services shall be as follows:
- Study drafted contracts provided by Client/Study legal status and request for Contract Preparation of Client;
- Review drafted/Preparation of Contract,
- Give advice/ suggestion on amendment, supplement where need to protect the legal rights and interests of Client under mutually agreement by the Parties and applicable laws.
- Explaining, clarifying if Client have any questions/ comments regarding the above Contract;
- Reviewing, revising and finalizing the drafted contract based on Client’s opinions;
- Participate in the meetings between Client and counterpart, support Client and participate in negotiation process (if so required).
1.2. Legal Retainer Service (monthly, quarterly, bi-semester or annual basis)
- Update the Client with the circulars and reminders in respect of statutory obligations under Indonesian and other relevant law. Whenever any relevant law is enacted, we shall provide a legal update notice to Client with a brief version of the updated content;
- Providing clarification (if it is necessary) regarding to Legal Update Notice per requested by Client;
- Preparation of minutes and/or resolutions in respect of Annual General Meetings, Extraordinary General Meetings and the related Commissioners and Director’s Meetings, notices, consent, corporate presentation forms and proxies;
- Preparation of standard Director’s resolutions and related documents pertaining to change of directors, secretaries and registered office;
- Reviewing and/or preparing dispatches for communication between Client and its partners, customers or competent authority;
- Reviewing and/or preparing customer service contract, labor contract to be made by and between Client and other relevant parties;
- Summarizing and analyzing legal impact of corporate documents;
- Representing Client to liaison with the Competence Authorities or individuals, organizations as authorized representative, however this item shall not include any licensing process and/or litigation or arbitration process, which shall be separately quoted upon request of Client.
1.3. Litigation Services (case-by-case basis)
- Briefing and arguing appeals on the merits;
- Preparing and opposing petitions for review in courts, arbitration, mediation, commissions, police, land offices, tax offices, district attorneys, press council and other bodies which are parts of legal system;
- Providing advice and assistance in briefing significant legal issues at the trial court or arbitration proceedings level;
- Advising clients on issues during and after trial, arbitration and mediation;
- Handling appeals before various regulatory bodies; and
- Preparing legal briefs.
2. PERFORMANCE OF SERVICES
The working relationship with Client shall be based on the premise that we shall act as the legal division of Client and the communication for different services shall be either in any or all of the following form:
- Telephone and/or facsimile;
- Direct conference;
- Representing for Client before court, competent authority and other parties.
We both agree that at no point of time shall the Services Performance provided by us create an employer-employee relationship between Lawyer entrusted by us (hereinafter referred to as “Lawyer”) and the Client. The Lawyer shall have no right to receive any employee benefits including, but not limited to, health and accident insurance, life insurance, sick leave and/or vacation. The working hours of the Lawyer with Client shall be determined by us but shall be reasonably enough to cover all the obligations towards Client.
The service charges are applicable to, though it is not limited to, telephone calls, correspondence, e-mails, meetings, legal analysis and research, review and drafting of documents, depositions, conferences and travel. Client shall not be typically charged for occasional calls or voice calls or video calls.
All the meetings shall be fixed by appointment and both of us shall stick to the schedule. In case of any cancellation, an advance notice of minimum 1 day before shall be adhered.
Client shall appreciate that us is a law firm doing business with many other clients and therefore Client shall provide a reasonable, fair and realistic notice to us for their requests and projects. Client shall not request for an emergency service which shall be attributed to their poor planning and miscommunications. We may require detailed clarification of projects in order to meet expectations and provide the best support and highest quality work.
3. SERVICE PACKAGES AND PROFESSIONAL FEE
3.1. Contract Review/Contract Preparation (Case by case basis)
For Contract Review/Contract Preparation on case by case basis, our professional fees shall be based on lumpsum and will be charged in IDR (exclude VAT).
3.2. Legal Retainer Service Package
We shall render its legal retainer services for a fixed of working hours per month (hereinafter referred to as “Standard Working Hours”). We shall warrant that its Lawyer shall be available during normal working hours (from Monday to Friday, 10:00 am to 07:00 pm. National Holiday and weekends shall not be classified to normal working time. Time for which charges applied to Services requested by Client in Extra Time other than normal working hours as defined herein shall be duplicated. In case the Standard Working Hours in a month is not depleted, the redundant time shall be automatically added into the Standard Working Hours of the next month. However, the Accumulated Standard Working Hours in a month must not exceed 100% normal Standard Working Hours of 01 month.
Additional work beyond the scope of Legal Retainer Services as defined in Item or beyond the Standard Working Hours will be negotiated separately and will be billed separately according to service category with payment due upon receipt.
Bonus: free 24/7 email and WA legal advice, monthly visit and legal consultation, online legal opinion through email, on-call management meeting participant (out-of-town and overseas visit charged separately on a case-by-case basis).
3.3. Litigation Service
Arbitration, mediation, police, attorney general, KPK, quasi courts (such as KPPU and Tax Court) and courts (including Commercial Courts, Industrial Relation Courts and Constitutional Court) with considerable Engagement Fee, Operational Costs installments, negotiable Lawyer Fee and percentage-based Success Fee (out-of-town and overseas trip will be charged separately).