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Consulting Contract for Malaysia

Consulting Contract Template for Malaysia

A comprehensive consulting agreement governed by Malaysian law, designed to establish and regulate the professional relationship between a consultant (either individual or firm) and their client. This document incorporates key provisions required under Malaysian legislation, including the Contracts Act 1950 and relevant employment laws, while addressing essential elements such as scope of services, intellectual property rights, confidentiality, and payment terms. The agreement includes necessary compliance measures with Malaysian data protection laws and tax regulations, making it suitable for both domestic and international consulting arrangements within Malaysian jurisdiction.

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What is a Consulting Contract?

This Consulting Contract template is specifically designed for use in Malaysia, complying with local laws and regulations including the Contracts Act 1950, Employment Act 1955, and Personal Data Protection Act 2010. It serves as a comprehensive legal framework for establishing consulting relationships, whether for one-time projects or ongoing professional services. The document is particularly valuable when engaging external expertise across various sectors, protecting both parties' interests through clear definition of services, deliverables, payment terms, and intellectual property rights. This contract type is essential for businesses and organizations seeking to formalize consulting arrangements while ensuring compliance with Malaysian legal requirements and business practices.

What sections should be included in a Consulting Contract?

1. Parties: Identification of the consultant and the client, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement and brief description of the parties' intention to enter into a consulting arrangement

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Deliverables', 'Intellectual Property', etc.

4. Scope of Services: Detailed description of the consulting services to be provided

5. Consultant's Obligations: Key responsibilities and commitments of the consultant, including quality standards and timelines

6. Client's Obligations: Client's responsibilities, including provision of information, access, and cooperation

7. Fees and Payment: Consulting fees, payment schedule, expenses, and invoicing procedures

8. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

9. Intellectual Property Rights: Ownership and usage rights of pre-existing and created IP during the engagement

10. Confidentiality: Protection of confidential information and trade secrets

11. Liability and Indemnity: Limitation of liability and indemnification provisions

12. General Provisions: Standard clauses including governing law, notices, assignment, and entire agreement

What sections are optional to include in a Consulting Contract?

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

2. Non-Solicitation: Restrictions on hiring client's employees or soliciting client's customers, used in long-term engagements

3. Insurance: Requirements for professional indemnity and other insurance, important for high-risk or regulated industries

4. Data Protection: Specific provisions for handling personal data under PDPA 2010, required when personal data processing is involved

5. Force Majeure: Provisions for unforeseen circumstances preventing performance, particularly relevant post-COVID

6. Change Control: Procedures for managing changes to scope or deliverables, useful for complex or long-term projects

7. Warranties: Specific guarantees about consultant's qualifications or service quality, used in specialized consulting

8. Compliance with Laws: Specific regulatory compliance requirements, necessary in regulated industries

What schedules should be included in a Consulting Contract?

1. Schedule 1 - Scope of Services: Detailed breakdown of services, deliverables, and timelines

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

3. Schedule 3 - Key Personnel: List of key consultant personnel assigned to the project and their roles

4. Schedule 4 - Service Levels: Specific performance metrics and service level requirements

5. Schedule 5 - Client Materials: List of materials, information, and resources to be provided by the client

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

7. Appendix B - Change Request Form: Template for requesting and documenting changes to the scope

8. Appendix C - Progress Report Template: Standard format for progress reporting

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

Information Technology

Management Consulting

Financial Services

Healthcare

Education

Manufacturing

Energy and Utilities

Telecommunications

Real Estate

Professional Services

Construction

Retail

Agriculture

Mining and Resources

Transportation and Logistics

Relevant Teams

Legal

Procurement

Human Resources

Finance

Operations

Project Management Office

Risk and Compliance

Business Development

Administration

Executive Leadership

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Procurement Manager

Legal Counsel

Human Resources Director

Project Manager

Operations Director

Business Development Manager

Department Head

Risk Manager

Compliance Officer

Contract Administrator

Finance Manager

Managing Director

General 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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