Consulting Services Agreement for Malaysia

Consulting Services Agreement Template for Malaysia

A comprehensive legal agreement governed by Malaysian law that establishes the terms and conditions under which consulting services will be provided. This document outlines the scope of services, payment terms, confidentiality obligations, intellectual property rights, and other essential provisions in accordance with Malaysian legal requirements, including compliance with the Contracts Act 1950 and Service Tax Act 2018. The agreement provides protection for both parties while ensuring clarity in the consulting relationship and deliverables.

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What is a Consulting Services Agreement?

The Consulting Services Agreement is a vital legal document used when engaging professional consultants or consulting firms in Malaysia. It establishes the framework for the consulting relationship, ensuring compliance with Malaysian legislation including the Contracts Act 1950, Service Tax Act 2018, and Personal Data Protection Act 2010. This agreement is essential when a company or individual requires specialized expertise, project-based services, or professional advice. It covers crucial elements such as service scope, deliverables, payment terms, intellectual property rights, confidentiality, and liability limitations. The document protects both parties' interests while providing clear guidelines for the consulting engagement and its successful execution within the Malaysian legal context.

What sections should be included in a Consulting Services Agreement?

1. Parties: Identifies and defines the consultant and the client, including full legal names, registration numbers, and registered addresses

2. Background: Sets out the context of the agreement, including the client's need for consulting services and the consultant's expertise

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Scope of Services: Details the specific consulting services to be provided, including deliverables and any exclusions

5. Term and Timeline: Specifies the duration of the agreement and any key milestone dates

6. Fees and Payment Terms: Outlines the consulting fees, payment schedule, expenses, and applicable service tax considerations

7. Obligations of the Consultant: Lists the consultant's key responsibilities, standards of service, and compliance requirements

8. Obligations of the Client: Specifies the client's responsibilities, including provision of information and cooperation

9. Confidentiality: Details obligations regarding confidential information handling and protection

10. Intellectual Property Rights: Addresses ownership and usage rights of deliverables and pre-existing materials

11. Liability and Indemnification: Sets out liability limitations and indemnification obligations of both parties

12. Termination: Specifies circumstances and procedures for ending the agreement

13. General Provisions: Contains standard boilerplate clauses including notices, governing law, and dispute resolution

What sections are optional to include in a Consulting Services Agreement?

1. Non-Competition: Restricts the consultant from competing with the client's business - include when protecting market position is crucial

2. Non-Solicitation: Prevents poaching of employees or clients - relevant for consulting involving significant exposure to client's staff or customers

3. Insurance: Specifies required insurance coverage - important for high-risk consulting services

4. Data Protection: Detailed data handling procedures - include when personal data processing is involved

5. Force Majeure: Addresses unforeseen circumstances preventing performance - particularly relevant post-COVID

6. Assignment and Subcontracting: Controls ability to transfer rights or delegate duties - important for larger consulting arrangements

7. Change Control: Procedures for modifying scope or deliverables - useful for complex or long-term engagements

8. Anti-Corruption: Compliance with anti-bribery laws - crucial for government-related consulting or high-risk sectors

What schedules should be included in a Consulting Services Agreement?

1. Schedule 1 - Scope of Services: Detailed breakdown of consulting services, methodologies, and specific deliverables

2. Schedule 2 - Fee Schedule: Detailed fee structure, rates, payment milestones, and expense categories

3. Schedule 3 - Project Timeline: Detailed project phases, milestones, and delivery dates

4. Schedule 4 - Key Personnel: Lists key consultant team members and their roles

5. Schedule 5 - Service Levels: Specific performance metrics and service standards if applicable

6. Appendix A - Required Reports: Templates or formats for progress reports and deliverables

7. Appendix B - Client Policies: Relevant client policies the consultant must comply with

8. Appendix C - Communications Protocol: Procedures for project communications and escalation paths

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

Agreement Contract

Cost

Free to use
Relevant Industries

Technology

Financial Services

Manufacturing

Healthcare

Education

Professional Services

Energy

Telecommunications

Real Estate

Retail

Construction

Agriculture

Mining

Transportation

Public Sector

Relevant Teams

Legal

Procurement

Finance

Human Resources

Operations

Project Management

Risk and Compliance

Business Development

Strategy

Administrative

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Procurement Manager

Project Manager

Human Resources Director

Operations Manager

Business Development Manager

Department Head

Risk Manager

Compliance Officer

Contract Administrator

Management Consultant

Strategy Director

Technical Consultant

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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