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Freelance Developer Contract for Malaysia

Freelance Developer Contract Template for Malaysia

A comprehensive legal agreement governed by Malaysian law that establishes the terms and conditions for engaging a freelance software developer. This contract addresses key aspects including scope of work, intellectual property rights, payment terms, and confidentiality obligations, while ensuring compliance with Malaysian employment, contract, and digital services legislation. The document is structured to protect both the client's interests and the developer's independent contractor status, incorporating specific provisions for software development deliverables, quality standards, and project milestones under Malaysian jurisdiction.

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Freelance Developer Contract

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What is a Freelance Developer Contract?

The Freelance Developer Contract serves as a crucial legal framework for businesses in Malaysia engaging independent software developers for specific projects or ongoing development work. This document is essential when organizations need to formally establish a non-employment relationship with a developer while ensuring clear deliverables, intellectual property rights, and compliance with Malaysian legislation. The contract typically comes into play when companies require specialized development skills without the commitment of full-time employment, need to scale their development capacity temporarily, or seek specific technical expertise for project-based work. It incorporates provisions that address the unique aspects of software development, including code ownership, technical specifications, and quality standards, while ensuring compliance with Malaysian contract law, digital services regulations, and data protection requirements.

What sections should be included in a Freelance Developer Contract?

1. Parties: Identification of the client and the freelance developer, including full legal names, addresses, and business registration numbers if applicable

2. Background: Context of the agreement, including the client's need for development services and the developer's qualification to provide them

3. Definitions: Key terms used throughout the agreement, including technical terminology specific to software development

4. Scope of Services: Detailed description of the development services to be provided, including any specific technologies or platforms

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. Intellectual Property Rights: Ownership and transfer of rights for created code, software, and other deliverables

8. Confidentiality: Protection of sensitive information shared during the project

9. Developer's Obligations: Key responsibilities, quality standards, and delivery requirements

10. Client's Obligations: Client responsibilities including providing access, information, and timely feedback

11. Warranties: Developer's warranties regarding service quality and code functionality

12. Limitation of Liability: Limits on the developer's liability for damages or losses

13. Dispute Resolution: Process for handling disagreements and jurisdiction specifications

14. General Provisions: Standard contract clauses including notices, amendments, and governing law

What sections are optional to include in a Freelance Developer Contract?

1. Non-Compete: Restrictions on working with competitor clients, used when dealing with sensitive or proprietary technology

2. Source Code Escrow: Arrangements for source code safekeeping, relevant for critical business applications

3. Service Level Agreement: Specific performance metrics and response times, used for ongoing maintenance contracts

4. Data Protection: Additional data handling and privacy requirements, necessary when processing personal data

5. Insurance Requirements: Professional indemnity and liability insurance specifications, used for high-value or high-risk projects

6. Change Control Process: Formal procedure for handling scope changes, useful for complex projects

7. Acceptance Testing: Detailed testing and acceptance criteria, important for large deliverables

8. Training and Documentation: Requirements for providing training or documentation, needed when knowledge transfer is crucial

What schedules should be included in a Freelance Developer Contract?

1. Schedule 1 - Project Specifications: Detailed technical requirements, features, and functionalities to be developed

2. Schedule 2 - Deliverables and Milestones: Specific project phases, deadlines, and deliverable specifications

3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, payment milestones, and any additional charges

4. Schedule 4 - Approved Third-Party Software: List of authorized third-party tools, libraries, and frameworks to be used

5. Appendix A - Testing and Acceptance Criteria: Detailed criteria for accepting completed work

6. Appendix B - Technical Stack Requirements: Specific technical requirements including programming languages, platforms, and tools

7. Appendix C - Support and Maintenance Terms: Details of any post-development support or maintenance arrangements

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

Cost

Free to use
Relevant legal definitions




































Clauses


































Relevant Industries

Technology

E-commerce

Financial Services

Healthcare

Education

Manufacturing

Retail

Telecommunications

Media and Entertainment

Professional Services

Logistics

Real Estate

Government and Public Sector

Relevant Teams

Legal

Information Technology

Human Resources

Procurement

Finance

Project Management Office

Product Development

Operations

Compliance

Digital Transformation

Relevant Roles

Chief Technology Officer

IT Director

Project Manager

Software Developer

Full Stack Developer

Backend Developer

Frontend Developer

Mobile App Developer

DevOps Engineer

System Architect

Legal Counsel

Procurement Manager

HR Director

Technical Lead

Product Owner

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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