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Exclusive Consulting Agreement Template for Malaysia

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Key Requirements PROMPT example:

Exclusive Consulting Agreement

"I need an Exclusive Consulting Agreement for hiring a technology transformation consultant in Malaysia, who will work exclusively with our company for 18 months starting January 2025, with strict IP protection clauses and the ability to access our internal systems."

Document background
The Exclusive Consulting Agreement is essential for businesses operating in Malaysia seeking to establish protected, exclusive relationships with professional consultants or consulting firms. This document is particularly relevant when a company requires dedicated access to specialized expertise while ensuring the consultant cannot provide similar services to competitors. The agreement, governed by Malaysian law, typically includes comprehensive provisions covering service scope, exclusivity terms, intellectual property rights, confidentiality, and compliance with local regulations. It's commonly used in situations requiring long-term consulting arrangements, strategic partnerships, or when protecting proprietary information and methodologies is crucial. The document ensures compliance with Malaysian legal requirements while providing clear structure for the professional relationship.
Suggested Sections

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

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

3. Definitions: Key terms used throughout the agreement, including Services, Deliverables, Confidential Information, and Intellectual Property Rights

4. Appointment and Scope: Formal appointment of consultant and detailed scope of services, emphasizing exclusive nature of the arrangement

5. Term and Exclusivity: Duration of the agreement and specific exclusivity provisions, including territorial scope and restrictions

6. Consultant's Obligations: Detailed responsibilities, service standards, reporting requirements, and compliance obligations

7. Client's Obligations: Client's responsibilities, including providing information, access, and resources necessary for service delivery

8. Fees and Payment: Compensation structure, payment terms, expenses, and invoicing procedures

9. Intellectual Property Rights: Ownership and licensing of pre-existing and created IP, including work products and deliverables

10. Confidentiality: Protection of confidential information, including scope, duration, and permitted disclosures

11. Termination: Grounds for termination, notice periods, and consequences of termination

12. Post-Termination Obligations: Surviving obligations, return of materials, and continuing confidentiality obligations

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

Optional Sections

1. Service Levels: Specific performance metrics and standards, used when quantifiable service levels are required

2. Compliance with Industry Standards: Specific industry regulations and standards, included for regulated industries

3. International Services: Additional provisions for cross-border services, including currency, tax, and regulatory compliance

4. Data Protection: Detailed data handling and protection provisions, required when personal data processing is involved

5. Non-Competition: Additional restrictions on consultant's activities, used when broader protection is needed

6. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term or critical service arrangements

7. Insurance: Specific insurance requirements, included when service involves significant risks or regulatory requirements

8. Assignment and Subcontracting: Rights to transfer or delegate obligations, included when flexibility might be needed

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of services, methodologies, and deliverables

2. Schedule 2 - Fee Schedule: Detailed fee structure, rates, payment milestones, and expense policies

3. Schedule 3 - Service Levels: Specific performance metrics, measurement methods, and remedies for non-performance

4. Schedule 4 - Key Personnel: Names and roles of key consultant team members and any replacement procedures

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

6. Appendix A - Compliance Requirements: Specific regulatory or industry compliance requirements

7. Appendix B - Reporting Templates: Standard formats for progress reports and other required documentation

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

Technology

Management Consulting

Financial Services

Healthcare

Education

Manufacturing

Energy

Telecommunications

Professional Services

Real Estate

Construction

Digital Transformation

Environmental Services

Relevant Teams

Legal

Procurement

Human Resources

Operations

Finance

Compliance

Commercial

Business Development

Strategy

Executive Leadership

Project Management Office

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Procurement Manager

Human Resources Director

Operations Manager

Project Manager

Business Development Manager

Compliance Officer

Contract Manager

Department Head

Managing Director

Commercial Director

Strategy 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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