This Freelance Contract template is designed for use in Malaysia when engaging independent contractors or freelance professionals for various business purposes. It provides a legally robust framework under Malaysian law, particularly compliant with the Contracts Act 1950 and relevant tax regulations. The document is suitable for both companies and individuals engaging freelancers, incorporating necessary provisions for service delivery, payment terms, intellectual property rights, and confidentiality. The contract specifically addresses the independent contractor status of the freelancer, distinguishing it from employment relationships, and includes flexible terms that can be customized based on the specific nature of the engagement while maintaining compliance with Malaysian legal requirements.
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1. Parties: Identification of the client and freelancer, including full legal names, addresses, and registration numbers if applicable
2. Background: Context of the agreement and brief description of the freelance relationship
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of the services to be provided by the freelancer
5. Term and Termination: Duration of the agreement and conditions for termination by either party
6. Payment Terms: Fee structure, payment schedule, invoicing requirements, and payment methods
7. Independent Contractor Status: Clear statement of freelancer's independent contractor status and not an employee
8. Intellectual Property Rights: Ownership and transfer of intellectual property created during the engagement
9. Confidentiality: Protection of confidential information and trade secrets
10. Deliverables and Acceptance: Description of expected deliverables and acceptance criteria
11. Warranties and Representations: Guarantees provided by both parties regarding capacity and service quality
12. Limitation of Liability: Limits on liability and indemnification provisions
13. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement
1. Non-Compete: Restrictions on working with competitors (use when protecting specific market interests)
2. Equipment and Resources: Provisions regarding tools and resources provided by either party (use when specific equipment is required)
3. Insurance: Requirements for professional liability or other insurance (use for high-risk or regulated services)
4. Performance Metrics: Specific KPIs or performance standards (use when quantifiable metrics are relevant)
5. Moral Rights: Specific provisions for creative works (use in creative industry contracts)
6. Data Protection: Detailed data handling requirements (use when personal data processing is involved)
7. Subcontracting: Rights and restrictions regarding subcontracting (use for complex projects)
8. Force Majeure: Provisions for unforeseen circumstances (use when long-term or critical services are involved)
1. Schedule A - Service Specifications: Detailed breakdown of services, deliverables, and technical requirements
2. Schedule B - Fee Schedule: Detailed pricing, payment milestones, and rate cards
3. Schedule C - Project Timeline: Delivery schedules, milestones, and deadlines
4. Schedule D - Approved Subcontractors: List of pre-approved subcontractors if applicable
5. Appendix 1 - Communication Protocol: Procedures for project communication and reporting
6. Appendix 2 - Quality Standards: Specific quality requirements and acceptance criteria
Relevant legal definitions
Clauses
Relevant Industries
Technology
Digital Marketing
Creative Services
Consulting
Professional Services
Education
Media and Entertainment
Financial Services
E-commerce
Healthcare
Software Development
Content Creation
Business Services
Research and Analytics
Relevant Teams
Legal
Human Resources
Procurement
Finance
Operations
Project Management Office
Marketing
Information Technology
Research and Development
Corporate Communications
Relevant Roles
Graphic Designer
Content Writer
Software Developer
Digital Marketing Specialist
Business Consultant
Project Manager
Web Developer
Social Media Manager
Data Analyst
UI/UX Designer
Copywriter
Video Editor
Research Analyst
SEO Specialist
Technical Consultant
Virtual Assistant
Financial Analyst
Training Consultant
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