The Terms and Conditions Service Agreement serves as a foundational document for businesses operating in Malaysia that provide services to customers, whether corporate entities or individuals. This document type is essential for establishing clear contractual relationships and protecting both parties' interests under Malaysian law. It should be used whenever a business begins offering services to customers and needs to formalize the terms of engagement. The agreement covers crucial aspects including service scope, payment terms, liability limitations, data protection (in compliance with PDPA 2010), and dispute resolution mechanisms. Given Malaysia's dual system of civil and Shariah law, the document is structured to operate within the civil legal framework while remaining sensitive to local business practices and customs. The Terms and Conditions Service Agreement is particularly relevant in today's digital economy, where service relationships are increasingly complex and require robust legal protection.
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1. Parties: Identification and details of the service provider and customer/client
2. Background: Context of the agreement and brief description of the services being provided
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Services: Detailed description of services to be provided, including scope and delivery methods
5. Payment Terms: Pricing, payment methods, payment schedule, and related financial terms
6. Service Provider Obligations: Key responsibilities and commitments of the service provider
7. Customer Obligations: Key responsibilities and commitments of the customer
8. Term and Termination: Duration of the agreement and conditions for termination
9. Intellectual Property Rights: Ownership and usage rights of intellectual property
10. Confidentiality: Protection and handling of confidential information
11. Data Protection: Compliance with PDPA 2010 and data handling procedures
12. Limitation of Liability: Extent and limitations of each party's liability
13. Force Majeure: Provisions for unforeseen circumstances and their handling
14. Dispute Resolution: Procedures for handling disputes between parties
15. Governing Law: Specification of Malaysian law as governing law and jurisdiction
1. Service Level Agreement: Include when specific performance metrics and standards need to be maintained
2. Insurance: Include when specific insurance requirements are necessary for the services
3. Compliance with Laws: Include when service involves regulated industries or specific compliance requirements
4. Subcontracting: Include when service provider may need to engage subcontractors
5. Marketing and Publicity: Include when there are specific terms about using client names or case studies for marketing
6. Non-Competition: Include when protecting against competitive activities is necessary
7. Assignment: Include when transfer of rights needs to be specifically addressed
8. Warranties: Include when specific service quality guarantees are offered
1. Schedule 1 - Service Description: Detailed technical specifications and scope of services
2. Schedule 2 - Fee Schedule: Detailed pricing structure, rates, and payment terms
3. Schedule 3 - Service Levels: Specific performance metrics, KPIs, and service standards
4. Schedule 4 - Personal Data Processing Terms: Detailed data protection and processing procedures
5. Schedule 5 - Support Services: Details of support services, response times, and escalation procedures
6. Appendix A - Contact Details: Key contact persons and their details for both parties
7. Appendix B - Required Documentation: List of documents required for service delivery
8. Appendix C - Change Request Form: Template for requesting changes to services or terms
Relevant legal definitions
Agreement
Applicable Law
Business Day
Charges
Commencement Date
Confidential Information
Contract Period
Customer
Data Protection Laws
Deliverables
Force Majeure Event
Identity Card
Intellectual Property Rights
Malaysian Ringgit
Notice
Party
Personal Data
Personnel
Purchase Order
Representatives
Service Level
Services
Service Provider
Service Schedule
Specification
Term
Territory
Third Party
Working Hours
Applicable Law
Business Day
Charges
Commencement Date
Confidential Information
Contract Period
Customer
Data Protection Laws
Deliverables
Force Majeure Event
Identity Card
Intellectual Property Rights
Malaysian Ringgit
Notice
Party
Personal Data
Personnel
Purchase Order
Representatives
Service Level
Services
Service Provider
Service Schedule
Specification
Term
Territory
Third Party
Working Hours
Clauses
Definitions
Interpretation
Service Provision
Payment
Confidentiality
Data Protection
Intellectual Property
Warranties
Indemnification
Liability Limitation
Force Majeure
Termination
Assignment
Variation
Notice
Severability
Entire Agreement
Waiver
Governing Law
Dispute Resolution
Service Standards
Compliance
Non-Competition
Subcontracting
Insurance
Audit Rights
Representations
Good Faith
Time of Essence
Survival
Interpretation
Service Provision
Payment
Confidentiality
Data Protection
Intellectual Property
Warranties
Indemnification
Liability Limitation
Force Majeure
Termination
Assignment
Variation
Notice
Severability
Entire Agreement
Waiver
Governing Law
Dispute Resolution
Service Standards
Compliance
Non-Competition
Subcontracting
Insurance
Audit Rights
Representations
Good Faith
Time of Essence
Survival
Relevant Industries
Information Technology
Professional Services
Consulting
Healthcare
Education
Financial Services
Telecommunications
E-commerce
Manufacturing
Logistics
Real Estate
Construction
Hospitality
Retail
Digital Services
Business Process Outsourcing
Relevant Teams
Legal
Compliance
Operations
Commercial
Sales
Customer Service
Account Management
Risk Management
Business Development
Contract Administration
Project Management
Service Delivery
Relevant Roles
Legal Counsel
Compliance Officer
Contract Manager
Business Development Manager
Operations Director
Chief Executive Officer
Chief Operating Officer
Service Delivery Manager
Account Manager
Risk Manager
Commercial Director
Sales Director
Customer Service Manager
Project Manager
General Manager
Head of Operations
Chief Legal Officer
Business Owner
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