Usage Agreement for Malaysia

Usage Agreement Template for Malaysia

A comprehensive legal document governed by Malaysian law that establishes the terms and conditions under which a user may access, utilize, or interact with a specific service, product, or platform. The agreement incorporates requirements from key Malaysian legislation including the Contracts Act 1950, Electronic Commerce Act 2006, and Personal Data Protection Act 2010, ensuring compliance with local regulations while protecting both the service provider's interests and user rights. It details usage rights, restrictions, obligations, data protection measures, and liability terms, providing a clear framework for the relationship between the service provider and users.

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What is a Usage Agreement?

The Usage Agreement serves as a crucial legal instrument in Malaysia's digital and commercial landscape, establishing the foundational terms for service or product utilization. This document is essential when providing any form of service, software, platform, or product that requires specific terms of use, whether for individual consumers or business users. The Usage Agreement must comply with Malaysian legislation, including the Contracts Act 1950, Electronic Commerce Act 2006, and Personal Data Protection Act 2010, making it suitable for both digital and traditional service offerings. It typically includes comprehensive details about usage rights, restrictions, data protection, privacy measures, intellectual property rights, and liability limitations. The agreement is particularly important in today's digital economy where clear terms of use and service provider-user relationships need to be established and maintained.

What sections should be included in a Usage Agreement?

1. Parties: Identification of the service provider and user, including full legal names and addresses

2. Background: Context of the agreement and brief description of the service or product being provided

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

4. Grant of Usage Rights: Specific rights granted to the user and the scope of permitted usage

5. Usage Restrictions: Clear limitations and prohibited uses of the service or product

6. User Obligations: Responsibilities and commitments of the user while using the service

7. Term and Termination: Duration of the agreement and circumstances for termination

8. Fees and Payment: Payment terms, pricing, and billing arrangements if applicable

9. Intellectual Property Rights: Protection of IP rights and ownership declarations

10. Confidentiality: Requirements for handling confidential information

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

12. Liability and Indemnification: Limitations of liability and indemnification obligations

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

What sections are optional to include in a Usage Agreement?

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

2. Technical Requirements: Include when specific hardware, software, or network requirements are necessary for usage

3. Security Requirements: Include when specific security protocols or measures must be followed

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

5. Third-Party Services: Include when the service integrates with or depends on third-party services

6. Export Control: Include when the service or product may be subject to export regulations

7. Insurance: Include when specific insurance coverage is required for high-risk usage

8. Audit Rights: Include when usage monitoring and audit provisions are necessary

What schedules should be included in a Usage Agreement?

1. Schedule 1: Service Description: Detailed description of the service or product features and functionality

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

3. Schedule 3: Technical Specifications: Technical requirements and specifications for usage

4. Schedule 4: Service Levels: Detailed service level metrics and performance standards

5. Schedule 5: Support Services: Description of support services, response times, and escalation procedures

6. Appendix A: Acceptable Use Policy: Detailed policies regarding acceptable use of the service

7. Appendix B: Privacy Policy: Detailed privacy policy and data protection procedures

8. Appendix C: Security Requirements: Detailed security protocols and 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

Use Agreement

Cost

Free to use
Relevant Industries

Technology

Software Development

Digital Services

E-commerce

Cloud Computing

Healthcare Technology

Financial Technology

Education Technology

Media and Entertainment

Telecommunications

Professional Services

Manufacturing

Retail

Relevant Teams

Legal

Compliance

Information Technology

Product Development

Customer Success

Operations

Risk Management

Privacy

Security

Business Development

Software Development

Technical Support

Contract Administration

Relevant Roles

Legal Counsel

Compliance Officer

Product Manager

IT Director

Chief Technology Officer

Chief Legal Officer

Contract Manager

Risk Manager

Privacy Officer

Business Development Manager

Operations Manager

Service Delivery Manager

Software Development Manager

Customer Success Manager

Systems Administrator

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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