The Contract For Supply of Services is essential for businesses operating in Malaysia that engage external service providers or offer professional services to clients. This document is designed to comply with Malaysian legal requirements while protecting both parties' interests in service arrangements. It is commonly used when organizations need to formalize service relationships, whether for one-time projects or ongoing service provision. The agreement includes crucial elements such as service specifications, performance standards, payment terms, and compliance requirements, while addressing key aspects of Malaysian business law including data protection, service tax considerations, and intellectual property rights. This template is adaptable to various service types while maintaining its core legal framework under Malaysian jurisdiction.
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1. Parties: Identifies and provides full details of the service provider and customer, including registration numbers and registered addresses
2. Background: Sets out the context of the agreement and basic premises underlying the contract
3. Definitions: Defines key terms used throughout the agreement to ensure clear interpretation
4. Scope of Services: Detailed description of the services to be provided under the agreement
5. Term and Commencement: Specifies the duration of the agreement and when services will begin
6. Payment Terms: Details the fees, payment schedule, invoicing process, and any applicable taxes
7. Service Provider's Obligations: Lists all obligations and responsibilities of the service provider
8. Customer's Obligations: Lists all obligations and responsibilities of the customer
9. Service Levels: Specifies the required standards of service delivery and performance metrics
10. Intellectual Property Rights: Addresses ownership and usage rights of any IP involved in or created during service delivery
11. Confidentiality: Protects confidential information shared during the service relationship
12. Data Protection: Ensures compliance with PDPA 2010 and establishes data handling procedures
13. Liability and Indemnity: Sets out liability limitations and indemnification obligations
14. Termination: Specifies circumstances and procedures for ending the agreement
15. Governing Law and Jurisdiction: Confirms Malaysian law governs the agreement and establishes jurisdiction for disputes
16. General Provisions: Contains standard boilerplate clauses including notices, assignment, and entire agreement
1. Insurance: Required when services involve significant risks or when professional indemnity insurance is needed
2. Force Majeure: Important for long-term service contracts or when service delivery could be impacted by external events
3. Change Control: Needed when scope of services may need to be modified during the contract term
4. Non-Competition: Used when service provider could potentially compete with customer's business
5. Staff and Subcontracting: Important when service delivery involves key personnel or when subcontracting needs to be regulated
6. Compliance with Laws: Detailed section needed when services are in regulated industries
7. Business Continuity: Required for critical services where backup plans are essential
8. Environmental Compliance: Necessary when services have environmental impacts
9. Anti-Bribery and Corruption: Important for high-value contracts or government-related services
1. Service Specification: Detailed technical specifications and scope of the services
2. Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Service Levels and KPIs: Detailed performance metrics and measurement methods
4. Key Personnel: List of key staff members involved in service delivery
5. Required Equipment and Materials: List of equipment and materials needed for service delivery
6. Approved Subcontractors: List of pre-approved subcontractors if applicable
7. Form of Reports: Templates for required service reports and documentation
8. Change Control Procedure: Detailed process for implementing changes to services
9. Data Processing Agreement: Detailed terms for handling personal data in compliance with PDPA
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