This Simple Consulting Agreement template is designed for use in Malaysia when engaging external consultants or professional service providers. The document establishes a clear independent contractor relationship, compliant with Malaysian law including the Contracts Act 1950 and Employment Act 1955. It is particularly useful for businesses seeking to formalize consulting arrangements while clearly distinguishing them from employment relationships. The agreement includes essential provisions for service scope, compensation, intellectual property rights, and confidentiality, while remaining adaptable to various consulting scenarios. This template is suitable for both one-off projects and ongoing consulting relationships, providing appropriate protections for both parties while maintaining clarity and simplicity in its terms.
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1. Parties: Identifies and provides full details of the consultant and the client company
2. Background: Explains the context of the agreement and the parties' intention to enter into a consulting arrangement
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Clearly outlines the consulting services to be provided
5. Term and Termination: Specifies the duration of the agreement and circumstances for termination
6. Fees and Payment: Details the consulting fees, payment schedule, and payment terms
7. Independent Contractor Status: Explicitly establishes the consultant's status as an independent contractor
8. Confidentiality: Protects confidential information shared during the engagement
9. Intellectual Property: Addresses ownership and rights to work products created during the engagement
10. Representations and Warranties: Basic warranties about capacity to contract and service quality
11. Limitation of Liability: Sets boundaries on the consultant's liability
12. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement
1. Non-Compete: Restricts consultant from working with competitors - use when protecting market position is crucial
2. Non-Solicitation: Prevents poaching of employees/clients - use when consultant will have significant contact with staff/customers
3. Insurance: Requires consultant to maintain specific insurance coverage - use for high-risk services
4. Data Protection: Detailed data handling requirements - use when personal data processing is involved
5. Force Majeure: Addresses unforeseeable circumstances - use when service continuity is critical
6. Compliance with Laws: Specific regulatory compliance requirements - use in regulated industries
7. Assignment: Rights to transfer the agreement - use when consultant may need to subcontract
1. Schedule A - Services Description: Detailed description of consulting services and deliverables
2. Schedule B - Fee Schedule: Detailed breakdown of fees, expenses, and payment milestones
3. Schedule C - Service Levels: Performance metrics and standards for service delivery
4. Schedule D - Key Personnel: List of key consultant personnel assigned to the project
5. Appendix 1 - Compliance Requirements: Specific regulatory or client compliance requirements
6. Appendix 2 - Report Templates: Standard formats for progress reports and deliverables
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