A Software Implementation Agreement is essential for organizations undertaking software deployment projects in Malaysia. This document is typically used when a business engages a service provider to implement software solutions, whether it's an enterprise resource planning (ERP) system, customer relationship management (CRM) software, or any other business applications. The agreement must comply with Malaysian legislation, including the Electronic Commerce Act 2006, Personal Data Protection Act 2010, and Contracts Act 1950. It covers crucial aspects such as implementation methodology, project milestones, acceptance testing, data protection, intellectual property rights, and ongoing support arrangements. The document is particularly important in the Malaysian context as it provides legal protection while ensuring compliance with local regulatory requirements and business practices.
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1. Parties: Identification of the parties entering into the agreement
2. Background: Context of the agreement and brief description of the software implementation project
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of implementation services, deliverables, and project phases
5. Project Timeline: Implementation schedule, milestones, and delivery dates
6. Customer Obligations: Requirements and responsibilities of the customer
7. Supplier Obligations: Requirements and responsibilities of the software implementation provider
8. Acceptance Testing: Procedures for testing and accepting deliverables
9. Charges and Payment: Pricing, payment schedule, and payment terms
10. Intellectual Property Rights: Ownership and licensing of software and related materials
11. Data Protection and Security: Compliance with PDPA and security requirements
12. Confidentiality: Protection of confidential information
13. Warranties and Representations: Guarantees regarding software and services
14. Limitation of Liability: Caps on liability and exclusions
15. Term and Termination: Duration and termination provisions
16. Force Majeure: Provisions for unforeseen circumstances
17. Dispute Resolution: Process for resolving disputes
18. General Provisions: Standard boilerplate clauses
1. Change Control: Procedures for managing changes to scope or requirements - include if project scope may change
2. Training Services: Details of user training services - include if training is part of the implementation
3. Source Code Escrow: Provisions for source code protection - include for business-critical applications
4. Disaster Recovery: Business continuity and disaster recovery procedures - include for mission-critical systems
5. Third-Party Software: Terms relating to third-party software integration - include if third-party software is involved
6. Hardware Requirements: Specifications for required hardware - include if hardware is part of the implementation
7. Service Level Agreement: Performance metrics and service levels - include if ongoing support is provided
8. Data Migration: Terms for migrating existing data - include if data migration is required
1. Schedule 1 - Software Specifications: Detailed technical specifications of the software
2. Schedule 2 - Implementation Plan: Detailed project plan, timelines, and milestones
3. Schedule 3 - Acceptance Test Criteria: Specific criteria and procedures for acceptance testing
4. Schedule 4 - Service Levels: Detailed service level requirements and metrics
5. Schedule 5 - Charges: Detailed breakdown of all charges and payment schedules
6. Schedule 6 - Support and Maintenance: Details of support and maintenance services
7. Schedule 7 - Data Processing Agreement: Specific terms for handling personal data under PDPA
8. Schedule 8 - Change Request Template: Standard form for requesting and documenting changes
9. Appendix A - Technical Environment: Description of technical infrastructure and requirements
10. Appendix B - Contact Details: Key personnel and escalation contacts for both parties
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