The Digital Agency Contract serves as a fundamental legal instrument for establishing professional relationships between digital service providers and their clients in Malaysia. This document is essential when engaging a digital agency for services such as website development, digital marketing, social media management, content creation, or comprehensive digital transformation initiatives. The contract addresses crucial elements including service scope, deliverables, intellectual property rights, data protection compliance (particularly under PDPA 2010), and commercial terms, while ensuring alignment with Malaysian digital commerce laws and regulations. It provides necessary protections for both parties while facilitating clear communication of expectations, responsibilities, and performance standards in the digital service delivery context.
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1. Parties: Identification and details of the digital agency and the client, including registration numbers and registered addresses
2. Background: Context of the agreement, brief description of the agency's services and client's requirements
3. Definitions: Detailed definitions of key terms used throughout the agreement, including technical and digital marketing terminology
4. Scope of Services: Detailed description of digital services to be provided, including core deliverables and service standards
5. Term and Timelines: Duration of the agreement, key milestones, and delivery schedules
6. Fees and Payment Terms: Pricing structure, payment schedule, and billing procedures
7. Intellectual Property Rights: Ownership and licensing of created content, software, and creative works
8. Confidentiality: Protection of confidential information and trade secrets
9. Data Protection and Privacy: Compliance with PDPA 2010 and data handling procedures
10. Client Obligations: Client's responsibilities and requirements for service delivery
11. Agency Obligations: Agency's commitments, service levels, and performance standards
12. Termination: Conditions and procedures for contract termination
13. Limitation of Liability: Scope of liability and indemnification provisions
14. General Provisions: Standard legal clauses including governing law, notices, and dispute resolution
1. Performance Metrics: Specific KPIs and measurement criteria for digital campaigns and services
2. Social Media Management: Specific terms for social media account management and content creation
3. Website Development: Detailed terms for website development projects and maintenance
4. SEO Services: Specific terms for search engine optimization services and reporting
5. Third-Party Services: Terms governing the use of third-party tools and services
6. Content Creation Rights: Detailed terms for content creation, approval, and usage rights
7. Agency Team: Details of key personnel and team structure
8. Disaster Recovery: Procedures for data backup and service continuity
9. Non-Competition: Restrictions on working with competing businesses
10. White Labeling: Terms for white-label service provision if agency works as a subcontractor
1. Schedule 1: Service Specifications: Detailed breakdown of all digital services and deliverables
2. Schedule 2: Fee Structure: Detailed pricing, payment terms, and additional cost items
3. Schedule 3: Service Level Agreement: Performance standards, response times, and service availability
4. Schedule 4: Project Timeline: Detailed project phases, milestones, and delivery dates
5. Schedule 5: Approved Tools and Platforms: List of authorized digital tools and platforms to be used
6. Appendix A: Brand Guidelines: Client's branding requirements and guidelines
7. Appendix B: Reporting Templates: Standard formats for performance and progress reporting
8. Appendix C: Technical Requirements: Technical specifications and compatibility requirements
9. Appendix D: Personnel and Contacts: Key contacts and escalation matrix for both parties
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