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Common Use Agreement
"I need a Common Use Agreement for my IT services company based in Kuala Lumpur, which will be used as our standard contract for providing software maintenance and support services to corporate clients, with an expected start date of March 2025."
1. Parties: Identifies and provides full details of all contracting parties, including registration numbers for companies
2. Background: Sets out the context and purpose of the agreement, including any relevant history or relationships between the parties
3. Definitions: Defines key terms used throughout the agreement to ensure consistent interpretation
4. Scope of Agreement: Clearly outlines what is covered under the agreement and any specific limitations
5. Rights and Obligations: Details the core rights and obligations of each party under the agreement
6. Term and Termination: Specifies the duration of the agreement and circumstances under which it can be terminated
7. Payment Terms: Outlines fees, payment schedules, and payment methods if applicable
8. Confidentiality: Establishes obligations regarding confidential information shared between parties
9. Liability and Indemnity: Sets out the extent of parties' liability and indemnification obligations
10. Force Majeure: Addresses circumstances beyond parties' control that may affect performance
11. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and establishes jurisdiction for disputes
12. General Provisions: Including notice requirements, entire agreement clause, and amendment procedures
1. Intellectual Property Rights: Include when the agreement involves creation, licensing, or use of intellectual property
2. Data Protection: Required when personal data processing is involved, ensuring compliance with PDPA 2010
3. Insurance: Include when specific insurance coverage is required from either party
4. Service Levels: Add when the agreement includes specific performance metrics or service standards
5. Assignment and Subcontracting: Include when parties need flexibility to transfer rights or engage third parties
6. Change Control: Required for agreements where scope or specifications may need future modification
7. Audit Rights: Include when one party needs rights to audit the other's compliance or performance
8. Anti-Corruption: Add when compliance with anti-corruption laws needs specific emphasis
1. Schedule 1 - Services Description: Detailed description of services or items covered under the agreement
2. Schedule 2 - Pricing and Payment Terms: Detailed breakdown of prices, fees, and payment structures
3. Schedule 3 - Service Levels and KPIs: Specific performance metrics and measurement criteria
4. Schedule 4 - Contact Details: Key contact persons and their details for both parties
5. Schedule 5 - Technical Requirements: Any technical specifications or requirements
6. Appendix A - Forms and Templates: Standard forms for ordering, reporting, or other operational processes
7. Appendix B - Policies and Procedures: Relevant operational policies and procedures to be followed
Authors
Retail
Information Technology
Professional Services
Manufacturing
Distribution
Healthcare
Education
Financial Services
Telecommunications
Construction
Logistics
Consumer Goods
Business Services
Legal
Procurement
Operations
Commercial
Sales
Compliance
Risk Management
Business Development
Administration
Contract Management
Project Management
Legal Counsel
Contract Manager
Business Development Manager
Procurement Manager
Operations Director
Commercial Manager
Compliance Officer
Risk Manager
Sales Director
General Manager
Chief Operating Officer
Account Manager
Project Manager
Administrative Officer
Company Secretary
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