Software Testing Agreement for Malaysia

Software Testing Agreement Template for Malaysia

A comprehensive agreement governed by Malaysian law that establishes the terms and conditions for software testing services. This document outlines the scope of testing services, methodologies, deliverables, and quality standards while ensuring compliance with Malaysian digital laws, including the Digital Signature Act 1997 and Personal Data Protection Act 2010. It defines the responsibilities of both the testing service provider and the client, covering aspects such as test planning, execution, reporting, and acceptance criteria, while incorporating local legal requirements and international testing standards.

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What is a Software Testing Agreement?

The Software Testing Agreement is essential for organizations requiring professional software testing services in Malaysia. This document is typically used when a company needs to engage external testing expertise to ensure software quality, security, and performance. The agreement comprehensively covers testing methodologies, deliverables, timelines, and commercial terms while ensuring compliance with Malaysian legislation, including the Contracts Act 1950, Digital Signature Act 1997, and Personal Data Protection Act 2010. It's particularly relevant for projects requiring specialized testing services, whether for new software development, system upgrades, or ongoing quality assurance programs.

What sections should be included in a Software Testing Agreement?

1. Parties: Identification of the service provider (testing company) and the client

2. Background: Context of the agreement and brief description of the software to be tested

3. Definitions: Definitions of technical terms, testing terminology, and key concepts used in the agreement

4. Scope of Testing Services: Detailed description of testing services to be provided, including types of testing and coverage

5. Testing Process and Methodology: Overview of the testing approach, methodologies, and standards to be followed

6. Client Obligations: Responsibilities of the client, including providing access, test environments, and necessary documentation

7. Service Provider Obligations: Responsibilities of the testing company, including resource allocation and reporting

8. Deliverables: Specific outputs and documentation to be provided as part of the testing services

9. Timeline and Milestones: Testing schedule, key milestones, and delivery dates

10. Acceptance Criteria: Criteria for accepting testing results and deliverables

11. Fees and Payment Terms: Pricing structure, payment schedule, and related financial terms

12. Intellectual Property Rights: Ownership and usage rights of testing results, tools, and methodologies

13. Confidentiality: Protection of confidential information and trade secrets

14. Term and Termination: Duration of the agreement and termination provisions

15. Limitation of Liability: Limits on liability and indemnification provisions

16. General Provisions: Standard legal provisions including governing law, notices, and dispute resolution

What sections are optional to include in a Software Testing Agreement?

1. Security Testing Requirements: Specific provisions for security testing, including penetration testing and vulnerability assessments

2. Performance Testing Specifications: Detailed requirements for performance testing, including load testing and stress testing

3. User Acceptance Testing: Specific provisions for client involvement in user acceptance testing

4. Cloud Services Testing: Special provisions for testing cloud-based applications

5. Mobile Application Testing: Specific requirements for mobile application testing

6. Data Protection and Privacy: Additional provisions for handling personal or sensitive data during testing

7. Third-Party Tools and Licenses: Provisions regarding the use of third-party testing tools and associated licenses

8. Knowledge Transfer: Requirements for training and knowledge transfer to client's team

9. Warranty Period: Extended testing support during warranty period

10. Service Level Agreement: Specific service levels and performance metrics for testing services

What schedules should be included in a Software Testing Agreement?

1. Schedule A - Testing Scope and Specifications: Detailed technical specifications of the software to be tested and testing requirements

2. Schedule B - Test Plans and Test Cases: Overview of test plans and sample test cases

3. Schedule C - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones

4. Schedule D - Testing Timeline: Detailed project timeline with specific dates and milestones

5. Schedule E - Testing Team Structure: Details of key personnel and team structure

6. Schedule F - Testing Tools and Environment: Specifications of testing tools and environment requirements

7. Schedule G - Acceptance Testing Criteria: Detailed criteria for acceptance of testing deliverables

8. Schedule H - Reporting Templates: Templates for various testing reports and documentation

9. Appendix 1 - Service Level Metrics: Detailed service level requirements and measurement criteria

10. Appendix 2 - Change Request Process: Process and forms for handling changes to testing scope or requirements

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

License Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Software Development

E-commerce

Financial Services

Healthcare Technology

Educational Technology

Manufacturing Technology

Telecommunications

Digital Media

Gaming and Entertainment

Government Technology

Retail Technology

Insurance Technology

Automotive Software

Internet of Things

Relevant Teams

Quality Assurance

Software Development

Information Technology

Legal

Procurement

Operations

Project Management

Risk Management

Compliance

Information Security

Technical Operations

Product Development

Relevant Roles

Quality Assurance Manager

Software Test Lead

IT Project Manager

Chief Technology Officer

Software Development Manager

Test Automation Engineer

Quality Control Specialist

IT Procurement Manager

Legal Counsel

IT Contract Manager

Software Development Director

Chief Information Officer

Test Environment Manager

Quality Assurance Director

IT Operations Manager

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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