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Terms Of Service Agreement

Terms Of Service Agreement Template for Malaysia

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Key Requirements PROMPT example:

Terms Of Service Agreement

"I need a Terms of Service Agreement for my new Malaysian e-learning platform launching in March 2025, which will offer both free and premium subscription tiers for educational content to both individual users and educational institutions."

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Document background
This Terms of Service Agreement is essential for any business operating in Malaysia that provides services, particularly digital or online services, to users. The document serves as a legally binding contract that protects both the service provider and users while ensuring compliance with Malaysian legislation, including electronic commerce laws, consumer protection regulations, and data privacy requirements. It should be implemented when launching new services or updating existing service offerings, and must be readily accessible to users before they engage with the service. The agreement typically includes comprehensive details about service usage, user obligations, privacy policies, payment terms, and liability limitations, all structured to meet Malaysian legal requirements and business practices.
Suggested Sections

1. Parties: Identification of the service provider and definition of user/customer

2. Background: Brief context about the service and purpose of the agreement

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Service Description: Detailed description of services provided and scope of use

5. User Registration and Account: Requirements and processes for user registration and account maintenance

6. User Obligations and Conduct: User responsibilities, acceptable use policies, and prohibited activities

7. Privacy and Data Protection: Privacy policies and data handling practices in compliance with PDPA 2010

8. Intellectual Property Rights: IP ownership, licenses, and restrictions on use of content

9. Payment Terms: Pricing, payment methods, billing cycles, and refund policies

10. Term and Termination: Duration of agreement, renewal terms, and termination conditions

11. Limitation of Liability: Limitations on service provider's liability and user indemnification

12. Disclaimers and Warranties: Service provider disclaimers and extent of warranties provided

13. Dispute Resolution: Procedures for handling disputes and applicable jurisdiction

14. Governing Law: Specification of Malaysian law as governing law

15. General Provisions: Miscellaneous legal provisions including severability and entire agreement

Optional Sections

1. Service Level Agreement: Specific performance metrics and service standards - include for technical or online services

2. API Terms: Terms specific to API usage - include if providing API access

3. Third-Party Services: Terms relating to integrated third-party services - include if third-party services are part of the offering

4. User Content: Terms governing user-generated content - include if platform allows user content

5. Marketplace Terms: Specific terms for marketplace operations - include if platform operates as a marketplace

6. Enterprise User Terms: Additional terms for enterprise/business users - include if offering business-specific services

7. Beta Services: Terms for beta or trial services - include if offering beta features

8. Geographic Restrictions: Regional availability and restrictions - include if service has geographic limitations

Suggested Schedules

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

2. Schedule B - Pricing Schedule: Detailed pricing tiers, packages, and payment terms

3. Schedule C - Service Level Metrics: Specific performance metrics, uptime guarantees, and support response times

4. Schedule D - Data Processing Agreement: Detailed terms for personal data processing in compliance with PDPA

5. Schedule E - Acceptable Use Policy: Detailed guidelines for acceptable use of the service

6. Appendix 1 - Technical Requirements: Minimum technical requirements for using the service

7. Appendix 2 - Security Measures: Details of security protocols and measures implemented

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Technology and Software

E-commerce

Digital Services

Financial Services

Healthcare Technology

Educational Technology

Professional Services

Media and Entertainment

Telecommunications

Cloud Services

Mobile Applications

Online Marketplaces

SaaS (Software as a Service)

Consulting Services

Digital Content Providers

Relevant Teams

Legal

Compliance

Product Development

Customer Success

Operations

Risk Management

Information Technology

Customer Support

Business Development

Privacy and Data Protection

User Experience

Quality Assurance

Technical Operations

Sales

Corporate Affairs

Relevant Roles

Legal Counsel

Compliance Officer

Product Manager

Business Development Manager

Chief Technology Officer

Chief Legal Officer

Privacy Officer

Risk Manager

Customer Success Manager

Operations Director

Digital Services Manager

Platform Manager

General Counsel

Contract Administrator

Legal Operations Manager

Industries
Electronic Commerce Act 2006: Provides legal recognition of electronic messages in commercial transactions and the use of electronic communications in commercial transactions
Consumer Protection Act 1999: Provides protection for consumers, including provisions specific to online transactions and unfair contract terms
Personal Data Protection Act 2010: Regulates the processing of personal data in commercial transactions and protects individual privacy rights
Contracts Act 1950: Governs the basic principles of contract formation, validity, and enforcement in Malaysia
Digital Signature Act 1997: Provides legal recognition for digital signatures and establishes licensing framework for certification authorities
Communications and Multimedia Act 1998: Regulates communications and multimedia industry, including online content and services
Competition Act 2010: Ensures fair business practices and prevents anti-competitive behavior that might be reflected in terms of service
Sale of Goods Act 1957: Governs the sale of goods and services, which may be relevant for digital products or services
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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