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The Website Development and Maintenance Agreement is essential for businesses in Malaysia seeking to establish or upgrade their digital presence through professional web development services. This document is typically used when a company engages a web developer or development agency to create and maintain their website. It addresses crucial aspects such as project phases, technical specifications, ongoing maintenance requirements, and compliance with Malaysian digital laws and regulations. The agreement protects both parties by clearly defining deliverables, timelines, payment terms, and service level commitments while ensuring alignment with local legal requirements including data protection, electronic commerce, and intellectual property rights. This comprehensive contract type is particularly important in today's digital economy where websites serve as critical business assets requiring professional development and maintenance.

1. Parties: Identification of the developer/service provider and the client with full legal names and addresses

2. Background: Context of the agreement, including the client's need for website development and maintenance services

3. Definitions: Detailed definitions of technical terms, service components, and other key terms used throughout the agreement

4. Scope of Services: Comprehensive outline of website development and maintenance services to be provided

5. Project Timeline and Milestones: Detailed development phases, delivery dates, and key milestone requirements

6. Development Process and Approvals: Step-by-step development process, including client review and approval procedures

7. Maintenance Services: Specific maintenance obligations, response times, and update procedures

8. Service Level Agreement: Performance metrics, availability requirements, and response time commitments

9. Client Obligations: Client's responsibilities, including providing content, approvals, and access to necessary resources

10. Fees and Payment Terms: Pricing structure, payment schedule, and additional cost considerations

11. Intellectual Property Rights: Ownership and licensing of website components, content, and source code

12. Confidentiality: Protection of confidential information and trade secrets

13. Data Protection and Privacy: Compliance with PDPA 2010 and data handling requirements

14. Term and Termination: Duration of agreement, renewal terms, and termination conditions

15. Warranties and Indemnities: Service provider's warranties and mutual indemnification provisions

16. Force Majeure: Provisions for unforeseen circumstances affecting service delivery

17. Dispute Resolution: Process for resolving disagreements and jurisdiction specifications

18. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law