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Agreement Between Consultant And Company Template for Malaysia

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Key Requirements PROMPT example:

Agreement Between Consultant And Company

"I need an Agreement Between Consultant And Company for an IT security consultant who will be providing cybersecurity audit services starting March 2025, with strict confidentiality provisions and access to our internal systems."

Document background
The Agreement Between Consultant And Company is a crucial legal instrument used in Malaysian business practices when engaging external expertise for specific projects or ongoing professional services. This document is essential when a company needs to formally engage consultants while clearly distinguishing the relationship from employment, ensuring compliance with Malaysian law including the Contracts Act 1950, Income Tax Act 1967, and relevant regulatory requirements. The agreement typically covers key aspects such as scope of services, compensation, intellectual property rights, confidentiality, and liability provisions, while providing flexibility to accommodate various consulting arrangements across different industries. It's particularly important in the Malaysian context where clear delineation of independent contractor status is crucial for tax and employment law purposes.
Suggested Sections

1. Parties: Identification of the consultant and the company, including full legal names, registration numbers (if applicable), and addresses

2. Background: Context of the agreement, brief description of the company's business, and the purpose for engaging the consultant

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

4. Appointment and Scope of Services: Clear description of the consultant's appointment and detailed scope of services to be provided

5. Term and Termination: Duration of the agreement, renewal terms, and circumstances for termination

6. Fees and Payment Terms: Consulting fees, payment schedule, expenses, and taxation responsibilities

7. Obligations of the Consultant: Key responsibilities, performance standards, and delivery requirements

8. Obligations of the Company: Company's responsibilities including provision of information, access, and support

9. Intellectual Property Rights: Ownership and rights to intellectual property created during the engagement

10. Confidentiality: Protection of confidential information and trade secrets

11. Independent Contractor Status: Clear statement of consultant's status as independent contractor, not an employee

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

13. General Provisions: Standard clauses including governing law, notices, entire agreement, and amendment procedures

Optional Sections

1. Non-Compete: Restrictions on consultant's ability to work with competitors, used when consultant will have access to sensitive competitive information

2. Non-Solicitation: Restrictions on soliciting company's employees or clients, used when consultant will have significant contact with key personnel or clients

3. Insurance: Requirements for professional indemnity or other insurance, used for high-risk or regulated services

4. Data Protection: Specific obligations regarding personal data handling, used when consultant will process personal data

5. Force Majeure: Provisions for unforeseen circumstances preventing performance, used for long-term or critical service arrangements

6. Assignment and Subcontracting: Rights to assign or subcontract services, used when flexibility in service delivery is needed

7. Dispute Resolution: Specific procedures for resolving disputes, used for high-value or complex engagements

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed description of services, deliverables, and performance metrics

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, payment milestones, and expense categories

3. Schedule 3 - Service Levels: Specific performance standards, response times, and quality metrics

4. Schedule 4 - Key Personnel: Details of key consultant personnel assigned to provide the services

5. Schedule 5 - Company Policies: Relevant company policies that consultant must comply with

6. Appendix A - Confidentiality Agreement: Detailed confidentiality terms and requirements

7. Appendix B - Required Insurance Coverage: Specific insurance requirements and minimum coverage amounts

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


























Clauses






























Relevant Industries

Information Technology

Management Consulting

Financial Services

Healthcare

Manufacturing

Education

Legal Services

Engineering

Human Resources

Marketing and Advertising

Environmental Services

Construction

Telecommunications

Relevant Teams

Legal

Procurement

Human Resources

Finance

Operations

Risk and Compliance

Project Management Office

Business Development

Technical Operations

Executive Leadership

Relevant Roles

Chief Executive Officer

Legal Counsel

Procurement Manager

Human Resources Director

Project Manager

Finance Director

Operations Manager

Department Head

Risk Manager

Compliance Officer

Business Development Manager

Technical Director

Managing Director

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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