Contoh Agency Agreement: A Sample Contract for Agency Services
An agency agreement is a legal document that defines the terms and conditions of a relationship between an agent and a principal, who may be a client or a customer. The agency agreement specifies the scope of the agency`s authority, responsibilities, and compensation, as well as the duration and termination of the agreement. An agency agreement can be used for various purposes, such as marketing, sales, distribution, representation, or management. In Indonesia, a common term for agency is “agen,” and thus a contoh agency agreement in Indonesian can be a useful reference for local businesses and individuals who need to formalize their agency arrangements.
Here is a contoh agency agreement that illustrates some of the key elements of such a contract:
AGREEMENT OF AGENCY SERVICES
BETWEEN[Principal`s Name and Address]
(hereinafter referred to as the “Principal”)
AND[Agent`s Name and Address]
(hereinafter referred to as the “Agent”)
WHEREAS, the Principal desires to engage the Agent to perform certain agency services for the Principal, and the Agent is willing to accept such engagement on the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties agree as follows:
1. Scope of Agency. The Principal hereby appoints the Agent as its exclusive/non-exclusive agent for the sale/marketing/distribution/representation/management of the following products or services [describe in detail], for the territory of [describe in detail], for the duration of [describe in detail or state that it is indefinite]. The Agent shall use its best efforts to promote and sell such products or services in accordance with the Principal`s policies and instructions.
2. Duties and Responsibilities of Agent. The Agent shall perform the following duties and responsibilities as the Principal`s agent, subject to the Principal`s prior consent or approval:
a. [list of specific tasks, such as soliciting orders, negotiating contracts, collecting payments, handling complaints, providing reports, etc.];
b. [list of performance standards, such as sales targets, customer satisfaction, product knowledge, etc.];
c. [list of prohibitions or restrictions, such as disclosing confidential information, competing with the Principal, etc.].
3. Obligations of Principal. The Principal shall provide the Agent with the following support and assistance, subject to the Agent`s reasonable requests or needs:
a. [list of product or service information, samples, materials, etc.];
b. [list of training or orientation programs, if any];
c. [list of promotional or advertising materials or strategies, if any];
d. [list of compensation or incentives, if any].
4. Compensation of Agent. The Agent shall be entitled to the following compensation for its services, provided that the Agent complies with the terms and conditions of this Agreement and achieves the performance standards set by the Principal:
a. [list of commission or fee rates, or other forms of compensation, such as bonuses, allowances, or reimbursements];
b. [list of deduction or set-off items, such as taxes, costs, or damages, if any].
5. Confidentiality and Non-Circumvention. The Agent shall keep confidential all information and documents related to the Principal`s business or affairs that the Agent obtains or uses in connection with this Agreement, and shall not disclose or use such information or documents for any purpose other than performing its duties and responsibilities as the Principal`s agent. The Agent shall not solicit or accept any business or transactions from any person or entity that is or has been a client or customer of the Principal, or that the Agent has met or learned about through the Principal`s introduction or referral, without the Principal`s prior written consent.
6. Termination and Renewal. Either party may terminate this Agreement upon [describe the notice period, the cause, or the effect of termination]. Upon termination, the Agent shall return to the Principal all materials and documents belonging to the Principal, and shall not retain any copies or replicas. The parties may renew this Agreement upon mutual agreement, or may renegotiate its terms and conditions as necessary.
7. Governing Law and Dispute Resolution. This Agreement shall be governed by and construed in accordance with the laws of Indonesia, without regard to its conflict of laws provisions. Any dispute arising out of or in connection with this Agreement shall be settled by arbitration in accordance with the rules of the Indonesian National Board of Arbitration, and the arbitral award shall be final and binding on both parties.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.[Principal`s Signature, Name, and Title] [Agent`s Signature, Name, and Title]
This contoh agency agreement is intended as a general guide, and may not suit every situation or jurisdiction. It is recommended to seek legal advice or assistance when drafting or reviewing an agency agreement, especially if it involves complex or sensitive issues. By using an agency agreement, both the principal and the agent can clarify their expectations, minimize misunderstandings, and protect their interests and rights. A well-crafted and transparent agency agreement can help them to establish a productive and harmonious relationship that benefits both parties.