The Advisory Services Agreement is essential for businesses and professionals operating in Malaysia who provide specialized advice or consulting services to clients. This document is particularly relevant in the current business environment where organizations increasingly rely on external expertise for strategic guidance, technical knowledge, and specialized support. The agreement, governed by Malaysian law, typically includes comprehensive details about service scope, deliverables, payment terms, and professional obligations while ensuring compliance with local regulations including the Contracts Act 1950 and industry-specific requirements. It serves to protect both parties' interests by clearly defining responsibilities, establishing confidentiality obligations, and setting out dispute resolution mechanisms within the Malaysian legal framework.
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1. Parties: Identifies and provides full details of the advisor and the client
2. Background: Provides context for the agreement and explains the purpose of the advisory relationship
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Detailed description of the advisory services to be provided
5. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
6. Fees and Payment Terms: Compensation structure, payment schedule, and related financial terms
7. Obligations of the Advisor: Key responsibilities and commitments of the advisor
8. Obligations of the Client: Key responsibilities and commitments of the client
9. Confidentiality: Provisions for handling confidential information
10. Intellectual Property: Ownership and rights to materials created during the advisory services
11. Limitation of Liability: Extent and limitations of the advisor's liability
12. Force Majeure: Provisions for unforeseen circumstances affecting performance
13. Governing Law: Specifies Malaysian law as governing law and jurisdiction
14. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Non-Competition: Restrictions on advisor's ability to work with competitors - used when sensitive industry knowledge is involved
2. Non-Solicitation: Prevents either party from soliciting the other's employees or clients - used in professional services contexts
3. Data Protection: Detailed provisions for handling personal data - required when personal data processing is involved
4. Insurance: Requirements for professional indemnity insurance - used for high-risk advisory services
5. Compliance with Laws: Specific regulatory compliance obligations - used in regulated industries
6. Service Levels: Specific performance metrics and standards - used when quantifiable deliverables are involved
7. Dispute Resolution: Detailed procedures for handling disputes - used in high-value or complex arrangements
8. Anti-Corruption: Specific anti-corruption provisions - used when dealing with public sector or high-risk jurisdictions
1. Schedule 1 - Scope of Services: Detailed breakdown of services, deliverables, and timelines
2. Schedule 2 - Fee Schedule: Detailed fee structure, rates, and payment terms
3. Schedule 3 - Key Personnel: List of key team members and their roles
4. Schedule 4 - Service Levels: Specific performance metrics and measurement criteria
5. Schedule 5 - Client Policies: Relevant client policies that advisor must comply with
6. Appendix A - Report Templates: Standard templates for deliverables and reports
7. Appendix B - Communication Protocol: Procedures for routine communications and escalations
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