Personal Services Agreement for Malaysia

Personal Services Agreement Template for Malaysia

A comprehensive legal agreement governed by Malaysian law that establishes the terms and conditions for the provision of personal services between a service provider and a client. This document outlines the scope of services, payment terms, obligations of both parties, intellectual property rights, confidentiality requirements, and termination provisions while ensuring compliance with Malaysian contract law and relevant regulations. The agreement is structured to protect both parties' interests while maintaining the independent contractor relationship distinct from employment.

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What is a Personal Services Agreement?

This Personal Services Agreement template is designed for use in Malaysia when engaging independent contractors, consultants, or professional service providers. It provides a legally compliant framework under Malaysian law for documenting the service relationship, protecting both parties' interests, and ensuring clear understanding of obligations and deliverables. The document incorporates essential elements required by Malaysian contract law, including the Contracts Act 1950 and relevant employment regulations, while maintaining clear distinction from employment relationships. It is particularly useful for businesses seeking to formalize arrangements with external service providers while managing legal and operational risks.

What sections should be included in a Personal Services Agreement?

1. Parties: Identification of the service provider and the client, including full legal names and addresses

2. Background: Context of the agreement and brief description of why the parties are entering into it

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of the services to be provided

5. Term and Timing: Duration of the agreement and any specific timelines for service delivery

6. Fees and Payment Terms: Compensation, payment schedule, expenses, and invoicing procedures

7. Obligations of the Service Provider: Specific duties, standards of service, and commitments of the service provider

8. Obligations of the Client: Client's responsibilities, including provision of information and resources

9. Independent Contractor Status: Clear statement of independent contractor relationship and not employment

10. Intellectual Property Rights: Ownership and rights to work products and pre-existing IP

11. Confidentiality: Protection of confidential information and trade secrets

12. Termination: Grounds for termination and termination procedures

13. Governing Law and Jurisdiction: Specification of Malaysian law and jurisdiction

14. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

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

1. Non-Compete: Restrictions on competing activities - include when protecting business interests is crucial

2. Non-Solicitation: Restrictions on soliciting clients or employees - use when protecting client relationships

3. Insurance: Insurance requirements - include when services involve significant risks

4. Data Protection: PDPA compliance clauses - include when personal data processing is involved

5. Force Majeure: Provisions for unforeseen circumstances - important for long-term agreements

6. Performance Metrics: Specific KPIs and service levels - include for complex or measurable services

7. Dispute Resolution: Alternative dispute resolution procedures - useful for high-value agreements

8. Assignment: Rights to assign the agreement - include when transfer rights are important

9. Warranties: Specific service warranties - include for technical or professional services

What schedules should be included in a Personal Services Agreement?

1. Schedule A - Scope of Services: Detailed breakdown of services, deliverables, and specifications

2. Schedule B - Fee Schedule: Detailed fee structure, rates, and payment terms

3. Schedule C - Service Levels: Performance standards and metrics if applicable

4. Schedule D - Special Terms: Any industry-specific or unique requirements

5. Appendix 1 - Required Qualifications: List of required qualifications or certifications for service provider

6. Appendix 2 - Equipment and Resources: List of equipment or resources to be provided by either party

7. Appendix 3 - Approved Subcontractors: List of pre-approved subcontractors if applicable

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

Service Agreement

Cost

Free to use
Relevant Industries

Technology

Consulting

Professional Services

Education

Healthcare

Creative Industries

Financial Services

Engineering

Marketing and Advertising

Management Consulting

IT Services

Business Advisory

Research and Development

Training and Development

Relevant Teams

Legal

Human Resources

Procurement

Operations

Finance

Risk and Compliance

Commercial

Business Development

Project Management Office

Administration

Relevant Roles

Legal Counsel

HR Manager

Procurement Manager

Contract Manager

Business Development Manager

Project Manager

Operations Director

Chief Financial Officer

Risk Manager

Compliance Officer

Department Head

Managing Director

Commercial Manager

Human Resources Director

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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