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General Terms Of Contract
"I need a General Terms of Contract for my technology consulting company based in Kuala Lumpur, focusing on data protection compliance and intellectual property rights, to be used with our enterprise clients starting January 2025."
1. Parties: Identification and details of the contracting parties
2. Background: Context and purpose of the agreement
3. Definitions and Interpretation: Definitions of key terms and rules for interpreting the agreement
4. Scope of Services/Goods: General description of services or goods covered by these terms
5. Term and Commencement: Duration of the agreement and effective date
6. Payment Terms: Standard payment conditions, pricing, and invoicing terms
7. Obligations of the Parties: General responsibilities and obligations of each party
8. Representations and Warranties: Standard warranties and representations made by each party
9. Confidentiality: Protection and handling of confidential information
10. Intellectual Property Rights: Ownership and usage rights of intellectual property
11. Limitation of Liability: Limitations and caps on liability of parties
12. Termination: Conditions and process for contract termination
13. Force Majeure: Provisions for unforeseen circumstances and their handling
14. Notices: Methods and requirements for formal communications
15. Governing Law and Jurisdiction: Malaysian law as governing law and jurisdiction details
1. Data Protection: Required when personal data processing is involved, incorporating PDPA 2010 requirements
2. Shariah Compliance: Required for Islamic financial transactions or when parties require Shariah-compliant terms
3. Insurance: Include when specific insurance requirements need to be maintained by either party
4. Anti-Corruption: Additional compliance terms particularly for government or high-value contracts
5. Assignment and Subcontracting: Include when transfer of rights or subcontracting needs to be addressed
6. Change Control: Required for contracts where scope or specifications may need formal variation processes
7. Audit Rights: Include when one party requires rights to audit the other's compliance or performance
8. Service Levels: Include when specific performance metrics need to be maintained
9. Business Continuity: Required for critical services or long-term supply arrangements
1. Schedule 1 - Pricing Schedule: Detailed pricing structure, rates, and payment terms
2. Schedule 2 - Service Specifications: Detailed description of services or goods specifications
3. Schedule 3 - Service Levels: Detailed service level requirements and measurements
4. Schedule 4 - Key Personnel: List of key personnel and their roles if applicable
5. Schedule 5 - Approved Subcontractors: List of pre-approved subcontractors if applicable
6. Appendix A - Contact Details: Contact information for key representatives of each party
7. Appendix B - Required Insurance: Detailed insurance requirements and coverage levels
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