The Freelance Retainer Contract is designed for businesses and independent professionals in Malaysia seeking to establish a formal, ongoing professional relationship. This document is particularly relevant in today's evolving business landscape where companies increasingly rely on flexible workforce arrangements. The contract ensures compliance with Malaysian legislation, including the Contracts Act 1950 and relevant tax laws, while clearly defining the scope of services, payment terms, and professional obligations. It's specifically structured to maintain the independent contractor status of the freelancer while providing the client with assured access to professional services on a recurring basis. The document includes essential provisions for intellectual property protection, confidentiality, and service delivery standards, making it suitable for various professional services and industries.
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1. Parties: Identification and details of the client and freelancer, including business registration numbers if applicable
2. Background: Context of the agreement and brief description of the parties' intention to enter into a retainer arrangement
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of the services to be provided under the retainer
5. Term and Renewal: Duration of the retainer agreement and renewal terms
6. Retainer Fee and Payment Terms: Monthly retainer amount, payment schedule, and billing procedures
7. Service Delivery: Timeline, deadlines, and delivery methods for services
8. Intellectual Property Rights: Ownership and transfer of intellectual property created during the engagement
9. Confidentiality: Protection of confidential information and trade secrets
10. Independent Contractor Status: Clear establishment of freelancer's status as an independent contractor
11. Termination: Conditions and procedures for ending the agreement
12. General Provisions: Standard legal clauses including governing law, notices, and entire agreement
1. Non-Compete: Restrictions on working with competitors, used when freelancer has access to sensitive information
2. Non-Solicitation: Restrictions on soliciting clients or employees, used in client-facing roles
3. Equipment and Resources: Details of any equipment or resources provided by the client, used when client provides specific tools
4. Insurance Requirements: Professional liability or other insurance requirements, used in high-risk industries
5. Performance Metrics: Specific KPIs or performance standards, used when measuring service quality is crucial
6. Dispute Resolution: Mediation or arbitration procedures, used for high-value or complex arrangements
7. Force Majeure: Provisions for unforeseen circumstances, particularly relevant post-COVID
8. Data Protection: Specific data handling requirements, used when personal data processing is involved
1. Schedule A - Scope of Services: Detailed breakdown of services included in the retainer
2. Schedule B - Fee Schedule: Detailed pricing, including retainer fee and any additional service rates
3. Schedule C - Service Level Agreement: Specific performance standards and response times
4. Schedule D - Authorized Representatives: List of key contacts and their authority levels
5. Appendix 1 - Reporting Templates: Standard formats for activity reports and invoicing
6. Appendix 2 - Communication Protocols: Agreed communication channels and response times
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