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Consulting Agreement Between Two Companies
"I need a Consulting Agreement Between Two Companies for my IT consulting firm to provide digital transformation services to a manufacturing company in Malaysia, including data protection provisions and service level requirements for a 24-month term starting March 2025."
1. Parties: Identifies the consulting company and the client company, including full legal names, registration numbers, and registered addresses
2. Background: Sets out the context of the agreement, including the client's needs and consultant's capabilities
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Scope of Services: Establishes the formal appointment and outlines the general nature of services to be provided
5. Consultant's Obligations: Details the core responsibilities and standards of service expected from the consultant
6. Client's Obligations: Specifies the client's responsibilities and commitments to enable service delivery
7. Fees and Payment: Details the fee structure, payment terms, expenses, and invoicing process
8. Term and Termination: Specifies the duration of the agreement and circumstances for termination
9. Confidentiality: Establishes obligations regarding confidential information
10. Intellectual Property: Addresses ownership and usage rights of pre-existing and created IP
11. Liability and Indemnity: Sets out liability limitations and indemnification obligations
12. General Provisions: Contains standard boilerplate clauses including governing law, notices, and entire agreement
1. Data Protection: Required when personal data processing is involved, ensuring compliance with PDPA 2010
2. Non-Competition: Include when restricting the consultant's ability to work with competitors
3. Force Majeure: Important when services might be affected by external events beyond parties' control
4. Anti-Corruption: Required for compliance with Malaysian anti-corruption laws, especially for high-value contracts
5. Insurance: Include when specific insurance coverage is required for the services
6. Service Levels: Required when specific performance metrics need to be maintained
7. Dispute Resolution: Include when specific dispute resolution mechanisms (beyond courts) are desired
1. Schedule 1 - Services Description: Detailed description of consulting services, deliverables, and timelines
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Schedule 3 - Service Levels: Specific performance metrics and service level requirements if applicable
4. Schedule 4 - Key Personnel: List of key consultant personnel assigned to provide the services
5. Schedule 5 - Client Materials and Resources: Details of materials, access, and resources to be provided by the client
6. Appendix A - Change Request Form: Template for requesting and documenting changes to services or scope
Authors
Information Technology
Management Consulting
Financial Services
Healthcare
Manufacturing
Energy and Utilities
Telecommunications
Professional Services
Education and Training
Real Estate
Construction
Environmental Services
Human Resources
Marketing and Advertising
Research and Development
Legal
Procurement
Finance
Operations
Business Development
Risk and Compliance
Project Management
Commercial
Senior Management
Human Resources
Strategy
Chief Executive Officer
Chief Financial Officer
Legal Counsel
Procurement Manager
Contract Manager
Project Manager
Business Development Manager
Operations Director
Managing Director
Commercial Manager
Finance Manager
Risk Manager
Compliance Officer
Department Head
General Manager
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