The Graphic Design Retainer Contract is essential for businesses and designers in Malaysia seeking to establish long-term professional relationships for recurring design services. This document is particularly relevant when clients require regular access to graphic design services without the need for separate contracts for each project. It addresses key aspects such as monthly service quotas, priority access, pricing structures, and intellectual property rights transfer, all while complying with Malaysian legislation including the Contracts Act 1950, Copyright Act 1987, and Digital Signature Act 1997. The agreement is suitable for both individual designers and agencies, providing clarity on deliverables, timelines, and payment terms while protecting both parties' interests under Malaysian law.
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1. Parties: Identification of the graphic designer/design company and the client with full legal names and addresses
2. Background: Context of the agreement and brief description of the parties' intention to enter into a retainer arrangement
3. Definitions: Key terms used throughout the agreement including 'Services', 'Deliverables', 'Intellectual Property', 'Retainer Fee', etc.
4. Scope of Services: Detailed description of the graphic design services covered under the retainer
5. Term and Renewal: Duration of the retainer agreement and conditions for renewal
6. Retainer Fee and Payment Terms: Monthly/periodic fee, payment schedule, and billing procedures
7. Service Delivery and Timeline: Response times, project turnaround expectations, and delivery processes
8. Intellectual Property Rights: Ownership and transfer of rights in the designed materials
9. Confidentiality: Protection of confidential information exchanged during the service relationship
10. Client Obligations: Client's responsibilities including providing content, feedback, and approvals
11. Termination: Conditions and process for ending the retainer relationship
12. General Provisions: Standard clauses including governing law, notices, and entire agreement
1. Non-Compete: Restrictions on designer working with client's competitors - used when sensitive industry information is involved
2. White Labeling: Terms for providing services under client's brand - relevant for agency relationships
3. Rush Work: Provisions for handling urgent requests outside normal scope - useful for clients needing occasional expedited work
4. Third-Party Services: Terms for incorporating external services/assets - relevant when project requires third-party resources
5. International Usage: Terms for international use of designs - important for clients with global operations
6. Client Credits: Terms for designer's right to claim credit for work - important for portfolio purposes
7. Data Protection: Specific data handling procedures - necessary when processing personal or sensitive data
1. Schedule A - Service Level Agreement: Detailed breakdown of service levels, response times, and deliverable specifications
2. Schedule B - Fee Structure: Detailed pricing, including base retainer services and additional charges
3. Schedule C - Brand Guidelines: Client's brand specifications and requirements for design work
4. Schedule D - Approval Process: Step-by-step workflow for design approval and revision processes
5. Appendix 1 - Sample Request Form: Template for submitting design requests under the retainer
6. Appendix 2 - Portfolio Usage Examples: Specific examples of permitted portfolio usage of completed works
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