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Non Compete And Independent Contractor Agreement

Non Compete And Independent Contractor Agreement Template for Malaysia

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Key Requirements PROMPT example:

Non Compete And Independent Contractor Agreement

"I need a Non Compete And Independent Contractor Agreement for engaging a software development consultant who will be working on our core banking application, with strong IP protection clauses and a 2-year non-compete restriction within Malaysia and Singapore."

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Document background
This document is essential for businesses operating in Malaysia that engage independent contractors while requiring protection of their competitive interests. The Non Compete And Independent Contractor Agreement combines two crucial elements: establishing a clear independent contractor relationship and implementing enforceable non-compete provisions. It's particularly relevant in today's gig economy where companies frequently engage specialized contractors who may gain access to sensitive information or develop valuable client relationships. The agreement ensures compliance with Malaysian legislation including the Contracts Act 1950 and Competition Act 2010, while providing necessary safeguards for intellectual property, confidential information, and business interests.
Suggested Sections

1. Parties: Identification of the contracting parties - the company and the independent contractor

2. Background: Context of the agreement, nature of the company's business, and general purpose of the engagement

3. Definitions: Key terms used throughout the agreement, including Confidential Information, Competing Business, Territory, etc.

4. Engagement and Status: Establishes the independent contractor relationship and explicitly disclaims any employer-employee relationship

5. Scope of Services: Detailed description of the services to be provided by the contractor

6. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

7. Compensation and Payment Terms: Fee structure, payment schedule, expenses, and invoicing requirements

8. Non-Compete Obligations: Restrictions on competing activities during and after the engagement

9. Confidentiality: Protection of confidential information and trade secrets

10. Intellectual Property Rights: Ownership and assignment of work product and pre-existing IP

11. Representations and Warranties: Contractor's confirmations regarding capacity, skills, and absence of conflicts

12. Indemnification: Mutual or contractor obligations to indemnify for losses or claims

13. General Provisions: Standard clauses including governing law, notices, amendments, etc.

Optional Sections

1. Insurance Requirements: Required when the services involve risks or potential liability - specifies types and amounts of insurance coverage

2. Equipment and Resources: Include when there are specific requirements about tools, equipment, or resources to be provided by either party

3. Performance Standards: Add when specific quality metrics or service levels need to be maintained

4. Non-Solicitation: Include when there's a need to prevent the contractor from soliciting employees or clients

5. Data Protection: Required when the contractor will handle personal or sensitive data

6. Force Majeure: Include when services might be affected by circumstances beyond parties' control

7. Compliance with Laws: Add when contractor must comply with specific regulations or standards

8. Audit Rights: Include when company needs right to audit contractor's work or records

Suggested Schedules

1. Schedule 1 - Services Description: Detailed specification of services, deliverables, and timelines

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, payment terms, and any variable compensation

3. Schedule 3 - Restricted Territory: Geographic scope of non-compete restrictions with specific details

4. Schedule 4 - Approved Pre-existing IP: List of contractor's pre-existing intellectual property excluded from assignment

5. Schedule 5 - Key Personnel: If applicable, list of contractor's team members who will provide services

6. Appendix A - Confidentiality Agreement: Detailed confidentiality terms and requirements

7. Appendix B - Compliance Policies: Relevant company policies contractor must comply with

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions






























Clauses






























Relevant Industries

Technology

Consulting

Professional Services

Healthcare

Financial Services

Manufacturing

Education

Media and Entertainment

Construction

Research and Development

Software Development

Engineering

Digital Marketing

Relevant Teams

Legal

Human Resources

Procurement

Operations

Finance

Compliance

Risk Management

Business Development

Project Management

Information Technology

Relevant Roles

Legal Counsel

HR Manager

Procurement Manager

Project Manager

Business Development Manager

Operations Director

Chief Technology Officer

Finance Director

Compliance Officer

Contract Administrator

Risk Manager

Department Head

Managing Director

Chief Executive Officer

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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