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Individual Consultant Agreement Template for Malaysia

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Key Requirements PROMPT example:

Individual Consultant Agreement

"I need an Individual Consultant Agreement for a technology security consultant who will be working remotely from Singapore for our Malaysian company for 6 months starting January 2025, with access to sensitive data and strict confidentiality requirements."

Document background
This Individual Consultant Agreement is designed for use in Malaysia when engaging external professional expertise on an independent contractor basis. It provides a comprehensive framework for establishing and managing the relationship between a company and a consultant, ensuring clear differentiation from an employment relationship. The agreement addresses key aspects including service scope, fees, intellectual property rights, confidentiality, and liability, while complying with Malaysian legal requirements. It's particularly useful for companies seeking specialized skills or expertise without creating an employment relationship, and includes provisions to protect both parties' interests under Malaysian law. The document is structured to be compliant with relevant legislation including the Contracts Act 1950, Employment Act 1955, and Income Tax Act 1967.
Suggested Sections

1. Parties: Identifies and provides full details of the contracting parties - the company and the individual consultant

2. Background: Sets out the context of the agreement and confirms the consultant's independent contractor status

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope of Services: Defines the services to be provided and confirms the consultant's appointment

5. Term and Termination: Specifies the duration of the agreement and circumstances for termination

6. Fees and Payment Terms: Details the consultation fees, payment schedule, and expenses policy

7. Obligations of the Consultant: Lists the consultant's key duties, responsibilities, and performance standards

8. Obligations of the Company: Outlines the company's responsibilities to the consultant

9. Intellectual Property Rights: Addresses ownership and rights to work product created during the consultancy

10. Confidentiality: Protects confidential information and trade secrets

11. Independent Contractor Status: Explicitly confirms the consultant's status as an independent contractor

12. Representations and Warranties: Contains basic warranties about capacity and capability to provide services

13. Limitation of Liability: Sets out the extent and limitations of each party's liability

14. General Provisions: Contains standard boilerplate clauses including governing law, notices, and entire agreement

Optional Sections

1. Non-Compete: Restricts the consultant from competing with the company - used when the consultant will have access to sensitive competitive information

2. Non-Solicitation: Prevents the consultant from soliciting company employees or clients - used when the consultant will have significant client or employee contact

3. Insurance: Requires the consultant to maintain specific insurance coverage - used when services involve higher risk activities

4. Data Protection: Addresses handling of personal data - required when the consultant will process personal data

5. Force Majeure: Addresses unforeseeable circumstances preventing performance - particularly relevant post-COVID

6. Assignment and Subcontracting: Controls ability to delegate or transfer obligations - used when there's a need to restrict this

7. Dispute Resolution: Sets out specific dispute resolution procedures - used for high-value or complex arrangements

8. Compliance with Policies: Requires adherence to company policies - used when consultant works closely with company operations

Suggested Schedules

1. Schedule 1 - Services: Detailed description of the services to be provided, including any deliverables and timelines

2. Schedule 2 - Fees: Detailed breakdown of fees, payment structure, and any additional costs or expenses

3. Schedule 3 - Key Personnel: Names and roles of key personnel involved in providing or receiving the services

4. Schedule 4 - Service Levels: Specific performance metrics and standards for the services

5. Schedule 5 - Company Policies: Relevant company policies that apply to the consultant

6. Appendix A - Form of Invoice: Template for consultant's invoices to ensure all required information is included

7. Appendix B - Confidential Information: Specific list of information deemed confidential under the agreement

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

Financial Services

Healthcare

Education

Manufacturing

Professional Services

Construction

Energy

Telecommunications

Management Consulting

Research and Development

Mining and Resources

Real Estate

Retail

Logistics

Relevant Teams

Legal

Human Resources

Procurement

Finance

Operations

Compliance

Risk Management

Project Management Office

Research and Development

Information Technology

Strategy

Relevant Roles

Legal Counsel

HR Director

Procurement Manager

Project Manager

Department Head

Chief Financial Officer

Operations Director

Managing Director

Compliance Officer

Risk Manager

Business Unit Head

Technical Director

Research Director

Strategy Consultant

IT Manager

Finance 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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