tiktok���˰�

The Social Media Contractor Agreement is designed for businesses operating in Malaysia who wish to engage independent professionals for managing their social media presence. This document is essential in today's digital-first business environment where companies increasingly rely on specialized social media expertise while wanting to maintain flexibility in their workforce arrangements. The agreement ensures compliance with Malaysian legislation, including the Communications and Multimedia Act 1998 and Personal Data Protection Act 2010, while clearly defining the contractor relationship to avoid misclassification under employment laws. It covers crucial aspects such as content creation, platform management, performance metrics, intellectual property rights, and data protection obligations, making it suitable for both traditional businesses expanding their digital presence and digital-native companies seeking to optimize their social media operations.

1. Parties: Identification of the company and the social media contractor, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement and brief description of the parties' intention to enter into a contractor relationship for social media services

3. Definitions: Key terms used throughout the agreement, including technical social media terms and legal definitions

4. Scope of Services: Detailed description of social media services to be provided, platforms to be managed, and deliverables

5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination by either party

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

7. Independent Contractor Status: Clear statement of contractor status and not employment relationship, including tax and benefits implications

8. Content Guidelines and Approval Process: Standards for social media content, approval workflows, and content restrictions

9. Intellectual Property Rights: Ownership and licensing of created content, existing IP, and brand assets

10. Confidentiality: Protection of confidential information, trade secrets, and business data

11. Data Protection and Privacy: Compliance with PDPA 2010 and handling of personal data in social media management

12. Performance Standards: Expected service levels, quality metrics, and reporting requirements

13. Representations and Warranties: Parties' assertions about their capacity and authority to enter agreement

14. Limitation of Liability: Caps on liability and exclusions of certain types of damages

15. General Provisions: Standard clauses including governing law, notices, amendment process, and entire agreement