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Billing Agreement for Malaysia

Billing Agreement Template for Malaysia

A comprehensive legal document governed by Malaysian law that establishes the terms and conditions for billing arrangements between parties. It details payment obligations, billing cycles, payment methods, and dispute resolution procedures while ensuring compliance with Malaysian financial regulations, including the Financial Services Act 2013 and the Electronic Commerce Act 2006. The agreement covers essential elements such as payment terms, late payment penalties, tax considerations, and data protection requirements under Malaysian Personal Data Protection Act 2010.

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What is a Billing Agreement?

The Billing Agreement is essential for businesses operating in Malaysia that need to establish clear, legally-compliant payment arrangements. This document is particularly relevant when parties require a formal structure for recurring payments, service fees, or regular financial transactions. The agreement must comply with Malaysian financial regulations, including the Financial Services Act 2013 and relevant Bank Negara Malaysia directives. It typically includes detailed provisions for payment terms, electronic transactions, tax compliance, and data protection. The Billing Agreement is commonly used in various commercial contexts, from service provider arrangements to subscription-based business models, and can be customized to accommodate different payment frequencies, methods, and specific business requirements while maintaining compliance with Malaysian law.

What sections should be included in a Billing Agreement?

1. Parties: Identification of the parties entering into the agreement, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, brief description of the business relationship and purpose of the billing arrangement

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

4. Billing Terms: Core terms including billing cycles, payment amounts, and calculation methods

5. Payment Terms: Payment deadlines, acceptable payment methods, and processing details

6. Late Payment and Interest: Consequences of late payment, interest rates, and penalty procedures

7. Taxes: Treatment of applicable taxes, GST/SST responsibilities, and tax documentation requirements

8. Dispute Resolution: Procedures for handling billing disputes and discrepancies

9. Term and Termination: Duration of the agreement and conditions for termination

10. Confidentiality: Protection of confidential information exchanged during billing processes

11. Data Protection: Compliance with PDPA and handling of personal data in billing processes

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

What sections are optional to include in a Billing Agreement?

1. Electronic Billing: Include when implementing electronic invoicing systems, covering digital payment platforms and e-invoice requirements

2. Currency and Exchange Rates: Include for international billing arrangements involving multiple currencies

3. Credit Terms: Include when offering credit facilities or installment payment options

4. Service Level Requirements: Include when billing is tied to service performance metrics

5. Force Majeure: Include when needing to address billing obligations during unforeseen circumstances

6. Bank Account Changes: Include when parties need specific procedures for handling changes to banking details

7. Group Company Billing: Include when billing involves multiple related entities or group companies

What schedules should be included in a Billing Agreement?

1. Schedule 1 - Fee Schedule: Detailed breakdown of fees, charges, and billing rates

2. Schedule 2 - Payment Processing Procedures: Step-by-step procedures for payment processing and reconciliation

3. Schedule 3 - Billing Cycle Details: Specific dates and timelines for billing cycles

4. Schedule 4 - Authorized Representatives: List of personnel authorized to handle billing matters

5. Schedule 5 - Invoice Format: Template and required contents of invoices

6. Appendix A - Bank Account Details: Banking information for payment processing

7. Appendix B - Tax Forms and Requirements: Required tax documentation and forms

Authors

Alex Denne

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

Jurisdiction

Malaysia

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions


























Clauses
























Relevant Industries

Technology

Professional Services

Financial Services

Healthcare

Telecommunications

Manufacturing

Retail

Education

Utilities

Consulting

Software as a Service

Business Process Outsourcing

Relevant Teams

Finance

Legal

Operations

Commercial

Accounts Receivable

Treasury

Compliance

Customer Service

Credit Control

Business Development

Relevant Roles

Finance Manager

Account Manager

Legal Counsel

Contracts Administrator

Chief Financial Officer

Billing Coordinator

Treasury Manager

Commercial Director

Operations Manager

Credit Controller

Accounts Receivable Manager

Compliance Officer

Financial Controller

Business Development 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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