The Simple Contractor Agreement is essential for businesses operating in Malaysia that engage independent contractors for specific projects or services. This document is designed to comply with Malaysian contract law, particularly the Contracts Act 1950, while addressing key aspects of the contractor relationship. It should be used when engaging external service providers on a non-employment basis, requiring clear definition of project scope, deliverables, payment terms, and relationship parameters. The agreement incorporates necessary provisions to protect both parties' interests, including intellectual property rights, confidentiality obligations, and liability limitations, while ensuring clear distinction from employment relationships to comply with Malaysian employment regulations.
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1. Parties: Identifies and provides full details of the contracting parties - the company/client and the contractor
2. Background: Brief context of the agreement and the parties' intention to enter into a contractor relationship
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Scope of Services: Detailed description of the services to be provided by the contractor
5. Term and Termination: Duration of the agreement and conditions for termination by either party
6. Compensation and Payment Terms: Details of fees, payment schedule, expenses, and invoicing procedures
7. Independent Contractor Status: Clear statement of independent contractor relationship and distinction from employment
8. Contractor's Obligations: Key responsibilities, quality standards, and performance requirements
9. Client's Obligations: Client's responsibilities including provision of necessary information and materials
10. Intellectual Property Rights: Ownership and rights to work products created during the engagement
11. Confidentiality: Protection of confidential information and trade secrets
12. Limitation of Liability: Extent and limitations of contractor's liability under the agreement
13. General Provisions: Standard clauses including governing law, notices, and entire agreement
1. Non-Compete: Restrictions on contractor's ability to work with competitors, used when contractor has access to sensitive competitive information
2. Insurance: Insurance requirements for the contractor, included when services involve significant risks or regulatory requirements
3. Equipment and Materials: Provisions regarding tools and resources, needed when specific equipment is required for service delivery
4. Subcontracting: Terms for engaging subcontractors, included when subcontracting might be necessary
5. Data Protection: Specific provisions for handling personal data, required when services involve processing personal information
6. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term or high-value contracts
7. Dispute Resolution: Specific procedures for resolving disputes, important for high-value or complex service arrangements
1. Schedule A - Services Description: Detailed specification of services to be provided, including deliverables and timelines
2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Schedule C - Service Levels: Performance metrics and quality standards for service delivery
4. Schedule D - Key Personnel: Details of key individuals involved in service delivery, if applicable
5. Appendix 1 - Required Documentation: List of required certificates, licenses, or qualifications
6. Appendix 2 - Approved Subcontractors: List of pre-approved subcontractors, if applicable
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Professional Services
Construction
Marketing and Advertising
Healthcare
Education and Training
Creative Industries
Management Consulting
Engineering
Real Estate
Financial Services
Media and Entertainment
Relevant Teams
Legal
Human Resources
Procurement
Operations
Finance
Risk and Compliance
Project Management Office
Administration
Business Development
Relevant Roles
Procurement Manager
HR Director
Legal Counsel
Project Manager
Operations Manager
Finance Manager
Contracts Administrator
Business Development Manager
Department Head
Chief Operating Officer
Managing Director
Company Secretary
Risk Manager
Compliance Officer
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