The Delivery Partner Agreement serves as the primary contractual framework for platforms operating in Malaysia's growing gig economy delivery sector. This document is essential for companies engaging independent contractors for delivery services, establishing clear boundaries between employment and independent contractor relationships while ensuring compliance with Malaysian regulations. It addresses critical aspects including service standards, commission structures, insurance requirements, and data protection obligations under the Personal Data Protection Act 2010. The agreement is particularly relevant for platforms in e-commerce, food delivery, and last-mile logistics, incorporating specific provisions required by Malaysian law while maintaining operational flexibility. Used when onboarding new delivery partners or updating terms with existing partners, it provides comprehensive coverage of rights, obligations, and operational procedures while protecting both parties' interests.
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1. Parties: Identification of the platform/company and the delivery partner, including registration/identification numbers and addresses
2. Background: Context of the agreement, nature of the platform's business, and general purpose of the delivery partner relationship
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Appointment and Scope: Terms of appointment, nature of relationship (independent contractor), and scope of services
5. Independent Contractor Status: Clear establishment of independent contractor relationship and disclaimer of employment relationship
6. Delivery Partner Obligations: Core responsibilities, service standards, and compliance requirements for delivery partners
7. Platform Obligations: Platform's responsibilities, including provision of app access, payment processing, and support
8. Fees and Payment Terms: Commission structure, payment mechanics, and related financial terms
9. Term and Termination: Duration of agreement, renewal terms, and termination provisions
10. Intellectual Property: IP ownership, licensing of platform technology, and brand usage rules
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: Compliance with PDPA and data handling requirements
13. Insurance and Liability: Insurance requirements and allocation of risks and liabilities
14. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law
1. Equipment and Maintenance: Used when the platform provides or requires specific equipment, detailing maintenance responsibilities
2. Training Requirements: Included when specific training programs are mandatory for delivery partners
3. Performance Metrics: When specific KPIs and performance evaluation systems are implemented
4. Exclusivity Provisions: When platform requires certain exclusivity commitments from delivery partners
5. Special Delivery Requirements: For specialized deliveries (e.g., food, medical supplies) requiring specific handling
6. Customer Interaction Protocol: When direct customer interaction guidelines need to be specified
7. Marketing and Branding: When delivery partners are required to participate in marketing activities
8. Force Majeure: Detailed force majeure provisions for markets with specific risks
1. Schedule 1 - Service Level Requirements: Detailed service standards, response times, and quality metrics
2. Schedule 2 - Fee Structure and Payment Terms: Detailed commission rates, bonus structures, and payment calculations
3. Schedule 3 - Operating Procedures: Step-by-step procedures for delivery operations and platform usage
4. Schedule 4 - Insurance Requirements: Specific insurance types and coverage amounts required
5. Schedule 5 - Vehicle and Equipment Standards: Technical specifications for vehicles and equipment
6. Schedule 6 - Data Protection and Security Standards: Detailed data handling and security requirements
7. Schedule 7 - Code of Conduct: Behavioral standards and professional conduct requirements
8. Appendix A - Required Documents: List of documents required from delivery partners
9. Appendix B - Territory Map: Definition of operational areas and zones
Relevant legal definitions
Clauses
Relevant Industries
E-commerce
Food & Beverage
Logistics
Last-mile Delivery
Transportation
Retail
Healthcare Delivery
Technology Platforms
Quick Commerce
On-demand Services
Relevant Teams
Legal
Operations
Compliance
Risk Management
Partner Success
Business Development
Supply Chain
Logistics
Finance
Human Resources
Technology
Customer Service
Relevant Roles
Legal Counsel
Operations Manager
Fleet Manager
Compliance Officer
Risk Manager
Partner Success Manager
Business Development Manager
Contract Administrator
Supply Chain Manager
Logistics Coordinator
Head of Delivery Operations
Chief Operating Officer
Head of Legal
Partnership Director
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