Service Use Agreement for Malaysia

Service Use Agreement Template for Malaysia

A comprehensive legal agreement governed by Malaysian law that establishes the terms and conditions under which a service provider delivers specific services to users. This document incorporates compliance requirements from key Malaysian legislation including the Contracts Act 1950, Electronic Commerce Act 2006, and Personal Data Protection Act 2010. It outlines service specifications, usage rights, obligations of both parties, payment terms, data protection requirements, and dispute resolution procedures while ensuring adherence to Malaysian regulatory requirements.

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What is a Service Use Agreement?

The Service Use Agreement serves as a fundamental legal framework for businesses providing services in Malaysia, whether digital, professional, or technical in nature. This document is essential when establishing a formal service relationship between providers and users, ensuring clear delineation of rights, responsibilities, and obligations of all parties involved. It incorporates necessary provisions to comply with Malaysian legislation, including the Contracts Act 1950, Electronic Commerce Act 2006, and Personal Data Protection Act 2010. The agreement is particularly crucial in today's digital economy where services are increasingly delivered through online platforms and electronic means. It provides comprehensive coverage of service terms, usage conditions, data protection, intellectual property rights, and dispute resolution mechanisms while maintaining alignment with Malaysian legal requirements and business practices.

What sections should be included in a Service Use Agreement?

1. Parties: Identifies and provides details of the service provider and service user

2. Background: Contextual information explaining the purpose of the agreement and relationship between parties

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Service Description: Detailed description of services provided under the agreement

5. User Obligations: Responsibilities and obligations of the service user

6. Provider Obligations: Responsibilities and obligations of the service provider

7. Terms of Use: General conditions and rules for using the service

8. Fees and Payment: Payment terms, fee structure, and billing procedures

9. Term and Termination: Duration of agreement and conditions for termination

10. Intellectual Property Rights: Protection and ownership of intellectual property

11. Data Protection and Privacy: Compliance with PDPA 2010 and data handling procedures

12. Confidentiality: Protection of confidential information shared between parties

13. Limitation of Liability: Scope and limits of liability for both parties

14. Dispute Resolution: Procedures for handling disputes between parties

15. Governing Law: Specification of Malaysian law as governing law and jurisdiction

What sections are optional to include in a Service Use Agreement?

1. Service Level Agreement: Include when specific performance metrics and service levels need to be guaranteed

2. Security Requirements: Include for services involving sensitive data or requiring specific security measures

3. Acceptable Use Policy: Include for digital services to define acceptable and prohibited uses

4. Third-Party Integration: Include when service involves integration with third-party services or platforms

5. Disaster Recovery: Include for critical services requiring business continuity provisions

6. User Content: Include when users can create, upload, or share content through the service

7. API Terms: Include when providing API access as part of the service

What schedules should be included in a Service Use Agreement?

1. Schedule 1 - Service Specifications: Detailed technical specifications and features of the service

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, charges, and payment terms

3. Schedule 3 - Service Level Metrics: Specific performance metrics, targets, and measurement methods

4. Schedule 4 - Support Services: Details of support services, response times, and escalation procedures

5. Appendix A - Data Processing Agreement: Specific terms for personal data processing in compliance with PDPA

6. Appendix B - Security Requirements: Detailed security protocols and requirements

7. Appendix C - Acceptable Use Policy: Detailed rules and restrictions for service usage

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

Use Agreement

Cost

Free to use
Relevant Industries

Information Technology

Software as a Service

Digital Services

E-commerce

Telecommunications

Professional Services

Cloud Computing

Financial Services

Healthcare Technology

Educational Technology

Business Process Outsourcing

Digital Entertainment

Online Platforms

Relevant Teams

Legal

Compliance

Operations

Information Technology

Product Development

Business Development

Customer Success

Risk Management

Commercial

Data Protection

Service Delivery

Relevant Roles

Legal Counsel

Compliance Officer

Contract Manager

Operations Director

Chief Technology Officer

Product Manager

Business Development Manager

Service Delivery Manager

Risk Manager

Chief Information Officer

Commercial Director

Customer Success Manager

IT Director

Data Protection Officer

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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