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General Terms Of Contract Template for Malaysia

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Key Requirements PROMPT example:

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."

Document background
The General Terms of Contract serves as a fundamental legal framework for business relationships in Malaysia, designed to establish clear and enforceable terms between contracting parties. This document is essential for organizations conducting business in Malaysia, whether in goods, services, or mixed transactions. It incorporates requirements from key Malaysian legislation including the Contracts Act 1950, Consumer Protection Act 1999, and where applicable, Islamic Financial Services Act 2013. The document is structured to provide comprehensive coverage of standard contractual elements while remaining flexible enough to accommodate various business contexts and sector-specific requirements. It includes provisions for both conventional and Shariah-compliant transactions, reflecting Malaysia's dual legal system.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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






























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Relevant Industries

Manufacturing

Technology

Professional Services

Retail

Construction

Healthcare

Financial Services

Telecommunications

Education

Logistics

Energy

Real Estate

Hospitality

Consumer Goods

Agriculture

Relevant Teams

Legal

Procurement

Commercial

Operations

Risk and Compliance

Finance

Business Development

Supply Chain

Contract Administration

Project Management

Relevant Roles

Legal Counsel

Contract Manager

Procurement Manager

Business Development Manager

Commercial Director

Chief Legal Officer

Compliance Officer

Risk Manager

Operations Manager

General Manager

Chief Executive Officer

Finance Director

Project Manager

Supply Chain Manager

Account 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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