Agency Client Contract for Malaysia

Agency Client Contract Template for Malaysia

This document establishes a formal agency relationship between a service provider (Agency) and a client (Principal) under Malaysian law. It comprehensively outlines the scope of agency services, responsibilities, compensation structure, and operational requirements while ensuring compliance with Malaysian legal frameworks, including the Contracts Act 1950 and relevant commercial regulations. The agreement covers essential aspects such as service levels, intellectual property rights, confidentiality obligations, and risk allocation, providing a robust framework for managing the agency relationship in the Malaysian business context.

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What is a Agency Client Contract?

The Agency Client Contract serves as the primary legal instrument for establishing and governing agency relationships in Malaysia. This document is essential when a business (the Principal) wishes to appoint another entity (the Agency) to act on its behalf in specific business matters. The agreement encompasses crucial elements required under Malaysian law, including detailed service specifications, compensation structures, and compliance requirements. It provides necessary protections for both parties while ensuring alignment with local regulations such as the Contracts Act 1950, Commercial Agents Regulations, and industry-specific requirements. The document is particularly vital in situations where ongoing representation, service provision, or business development activities are required through an agency arrangement.

What sections should be included in a Agency Client Contract?

1. Parties: Identification and details of the Agency and the Client

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions and Interpretation: Key terms used throughout the agreement and rules for interpretation

4. Appointment and Scope: Terms of agency appointment and detailed scope of services

5. Agency's Rights and Obligations: Detailed responsibilities and authority of the Agency

6. Client's Rights and Obligations: Client's responsibilities and commitments

7. Fees and Payment: Compensation structure, payment terms, and expenses

8. Performance Standards: Required service levels and quality standards

9. Intellectual Property Rights: Ownership and usage rights of IP created during the engagement

10. Confidentiality: Protection and handling of confidential information

11. Data Protection: Compliance with PDPA 2010 and data handling requirements

12. Liability and Indemnification: Risk allocation between parties and liability limitations

13. Term and Termination: Duration of agreement and termination provisions

14. Post-Termination Obligations: Obligations surviving termination and wrap-up procedures

15. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

What sections are optional to include in a Agency Client Contract?

1. Anti-Bribery and Corruption: Required for agencies dealing with government entities or in high-risk industries

2. International Operations: Needed when agency services extend beyond Malaysia

3. Marketing and Branding: Specific requirements for use of client's brand and marketing materials

4. Insurance: Detailed insurance requirements beyond standard coverage

5. Exclusivity: Terms of exclusive agency relationship if applicable

6. Force Majeure: Extended force majeure provisions beyond standard clauses

7. Compliance with Industry Standards: Specific industry regulatory requirements and standards

8. Training and Support: Details of training and support provided by client to agency

What schedules should be included in a Agency Client Contract?

1. Schedule 1 - Services Description: Detailed description of services to be provided by the Agency

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, commission structures, and payment terms

3. Schedule 3 - Service Levels: Specific performance metrics and service level requirements

4. Schedule 4 - Approved Personnel: List of key personnel approved to provide the services

5. Schedule 5 - Reporting Requirements: Format and frequency of required reports

6. Schedule 6 - Technical Requirements: Technical specifications and systems requirements

7. Appendix A - Client Policies: Relevant client policies the Agency must comply with

8. Appendix B - Territory Definition: Geographical areas covered by the agency agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Agency Agreement

Cost

Free to use
Clauses
Relevant Industries

Advertising and Marketing

Real Estate

Insurance

Travel and Tourism

Import/Export

Manufacturing

Retail

Technology

Financial Services

Professional Services

Media and Entertainment

Telecommunications

Relevant Teams

Legal

Commercial

Procurement

Operations

Sales

Business Development

Compliance

Finance

Marketing

Account Management

Partnership Management

Relevant Roles

Chief Executive Officer

Commercial Director

Business Development Manager

Legal Counsel

Procurement Manager

Operations Director

Sales Director

Contract Manager

Agency Relations Manager

Compliance Officer

Finance Director

Marketing Director

Account Manager

Partnership Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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