The Developer Contractor Agreement is essential for businesses operating in Malaysia that need to engage external software development talent while maintaining clear contractual boundaries. This document is particularly relevant in today's digital economy where companies increasingly rely on flexible, project-based development resources. The agreement provides a legal framework under Malaysian law for engaging contractors for software development work, covering crucial aspects such as intellectual property rights, data protection, service delivery standards, and payment terms. It's designed to protect both the hiring company and the developer while ensuring compliance with relevant Malaysian legislation, including the Contracts Act 1950 and digital laws. This agreement is distinct from an employment contract and includes specific provisions to maintain the independence of the contractor relationship.
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1. Parties: Identification of the contracting parties - the company and the developer contractor
2. Background: Context of the agreement and brief description of the project or services required
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of the development services to be provided
5. Term and Termination: Duration of the agreement and circumstances for termination
6. Payment Terms: Fees, payment schedule, expenses, and invoicing procedures
7. Independent Contractor Status: Clear statement of contractor status and not employment relationship
8. Intellectual Property Rights: Ownership and transfer of IP rights in developed materials
9. Confidentiality: Protection of confidential information and trade secrets
10. Data Protection: Compliance with PDPA and data handling requirements
11. Warranties and Representations: Contractor's warranties regarding services and deliverables
12. Limitation of Liability: Limitations on liability and indemnification provisions
13. General Provisions: Standard boilerplate clauses including governing law, notices, etc.
1. Non-Compete: Restrictions on working with competitors - optional based on project sensitivity
2. Source Code Escrow: Provisions for source code safekeeping - needed for critical applications
3. Performance Metrics: Specific KPIs and performance standards - for complex projects
4. Change Control: Process for managing changes to scope - for longer-term projects
5. Insurance: Requirements for professional indemnity insurance - for high-value projects
6. Dispute Resolution: Specific dispute resolution procedures - for international contractors
7. Third-Party Code: Rules regarding use of open source and third-party code - for complex development
8. Security Requirements: Specific security protocols - for projects involving sensitive data
9. Exit Management: Detailed exit procedures - for business-critical systems
1. Schedule 1 - Services Description: Detailed specification of development services and deliverables
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, milestones, and payment terms
3. Schedule 3 - Service Levels: Performance standards and response times if applicable
4. Schedule 4 - Technical Requirements: Technical specifications and requirements
5. Schedule 5 - Approved Third-Party Materials: List of approved third-party software and libraries
6. Schedule 6 - Testing and Acceptance: Testing procedures and acceptance criteria
7. Appendix A - Project Timeline: Detailed project milestones and delivery dates
8. Appendix B - Contact Details: Key contact persons and escalation procedures
Relevant legal definitions
Agreement
Acceptance Criteria
Background IP
Business Day
Confidential Information
Contract Period
Contractor
Company
Deliverables
Development Services
Documentation
Intellectual Property Rights
Materials
Milestone
Payment Schedule
Project
Project Manager
Services
Source Code
Specifications
Technical Requirements
Term
Third Party Materials
Work Product
Acceptance Criteria
Background IP
Business Day
Confidential Information
Contract Period
Contractor
Company
Deliverables
Development Services
Documentation
Intellectual Property Rights
Materials
Milestone
Payment Schedule
Project
Project Manager
Services
Source Code
Specifications
Technical Requirements
Term
Third Party Materials
Work Product
Clauses
Interpretation
Appointment
Term
Services
Payment
Intellectual Property
Confidentiality
Data Protection
Warranties
Independent Contractor Status
Non-Competition
Non-Solicitation
Termination
Force Majeure
Assignment
Indemnification
Insurance
Notice
Dispute Resolution
Governing Law
Severability
Entire Agreement
Amendment
Counterparts
Time of Essence
Third Party Rights
Waiver
Compliance with Laws
Security Requirements
Testing and Acceptance
Appointment
Term
Services
Payment
Intellectual Property
Confidentiality
Data Protection
Warranties
Independent Contractor Status
Non-Competition
Non-Solicitation
Termination
Force Majeure
Assignment
Indemnification
Insurance
Notice
Dispute Resolution
Governing Law
Severability
Entire Agreement
Amendment
Counterparts
Time of Essence
Third Party Rights
Waiver
Compliance with Laws
Security Requirements
Testing and Acceptance
Relevant Industries
Information Technology
E-commerce
Financial Services
Healthcare Technology
Education Technology
Manufacturing Technology
Digital Media
Telecommunications
Professional Services
Gaming and Entertainment
Retail Technology
Logistics and Supply Chain
Relevant Teams
Legal
Information Technology
Human Resources
Procurement
Operations
Digital
Product Development
Vendor Management
Compliance
Finance
Relevant Roles
Chief Technology Officer
IT Director
Project Manager
Technical Lead
Software Development Manager
Procurement Manager
Legal Counsel
HR Director
Operations Manager
Digital Transformation Manager
Product Owner
Contract Administrator
Vendor Management Specialist
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