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General Terms Agreement
"I need a General Terms Agreement for my technology consulting company based in Kuala Lumpur, which will be providing software development services to various Malaysian enterprises, with specific focus on data protection and intellectual property rights."
1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Agreement: General description of the commercial relationship and its boundaries
5. Term and Commencement: Duration of the agreement and when it becomes effective
6. General Obligations: Basic obligations and responsibilities of each party
7. Payment Terms: Standard payment terms, invoicing, and payment methods
8. Confidentiality: Protection and handling of confidential information
9. Intellectual Property: Ownership and usage rights of intellectual property
10. Liability and Indemnification: Limitation of liability and indemnification obligations
11. Termination: Circumstances and process for termination of the agreement
12. Force Majeure: Provisions for unforeseen circumstances preventing performance
13. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction
14. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Data Protection: Required if personal data will be processed under the agreement, ensuring compliance with PDPA 2010
2. Insurance: Include when specific insurance requirements need to be maintained by either party
3. Anti-Corruption: Important when dealing with government entities or in industries with high corruption risk
4. Change Control: Include when the relationship might require formal processes for changes to services or deliverables
5. Service Levels: Include when specific performance metrics need to be maintained
6. Audit Rights: Important when one party needs to verify the other's compliance or performance
7. Environmental Compliance: Required for industries with environmental impact or sustainability requirements
8. Import/Export Compliance: Include for international trade relationships
1. Schedule 1 - Commercial Terms: Specific commercial terms including pricing, payment terms, and service details
2. Schedule 2 - Service Specifications: Detailed description of services or products covered by the agreement
3. Schedule 3 - Key Personnel: List of key contacts and responsible personnel from each party
4. Schedule 4 - Data Processing Terms: Detailed terms for handling personal data if applicable
5. Schedule 5 - Service Levels: Detailed service level requirements and measurements
6. Appendix A - Forms and Templates: Standard forms used in the relationship such as order forms or change requests
7. Appendix B - Technical Requirements: Technical specifications or requirements
8. Appendix C - Policies and Procedures: Relevant operational policies and procedures
Authors
Manufacturing
Technology
Retail
Professional Services
Financial Services
Healthcare
Construction
Telecommunications
Energy
Transportation
Logistics
Education
Consumer Goods
Agriculture
Real Estate
Legal
Procurement
Commercial
Finance
Operations
Compliance
Risk Management
Sales
Business Development
Supply Chain
Contract Administration
Corporate Affairs
Legal Counsel
Contract Manager
Commercial Director
Procurement Manager
Business Development Manager
Operations Manager
Chief Financial Officer
Compliance Officer
Risk Manager
General Counsel
Sales Director
Supply Chain Manager
Account Manager
Project Manager
Chief Executive Officer
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