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Consultancy Agreement With Company Template for Malaysia

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Key Requirements PROMPT example:

Consultancy Agreement With Company

"I need a Consultancy Agreement With Company for a technology implementation project starting March 2025, with strong intellectual property protection clauses and clear deliverables for a cloud migration project."

Document background
The Consultancy Agreement With Company is a vital legal instrument used when businesses in Malaysia seek to engage external expertise while maintaining a clear independent contractor relationship. This document is essential for companies requiring specialized services, project-based work, or temporary professional expertise without creating an employer-employee relationship. It addresses key aspects required under Malaysian law, including service scope, compensation, intellectual property rights, confidentiality, and compliance requirements. The agreement is particularly relevant in today's business environment where companies increasingly rely on external consultants for specialized knowledge and skills. It provides necessary legal protections while ensuring flexibility in professional engagements, suitable for various industries and consulting arrangements. The document incorporates provisions compliant with Malaysian legislation, including the Contracts Act 1950, Employment Act 1955, and relevant intellectual property laws.
Suggested Sections

1. Parties: Identifies and provides full details of the contracting parties - the company and the consultant

2. Background: Sets out the context of the agreement and the parties' intention to enter into a consultancy arrangement

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Appointment and Scope of Services: Details the appointment of the consultant and outlines the core services to be provided

5. Term and Duration: Specifies the commencement date and duration of the agreement

6. Consultant's Obligations: Lists the key responsibilities and obligations of the consultant

7. Company's Obligations: Outlines the company's responsibilities and what it must provide to the consultant

8. Fees and Payment Terms: Details the consulting fees, payment schedule, and expenses policy

9. Intellectual Property Rights: Addresses ownership and usage rights of any IP created during the consultancy

10. Confidentiality: Sets out obligations regarding confidential information and trade secrets

11. Data Protection: Establishes obligations for handling personal and sensitive data in compliance with Malaysian law

12. Termination: Specifies how the agreement can be terminated and the consequences of termination

13. Post-Termination Obligations: Details obligations that survive the termination of the agreement

14. General Provisions: Includes standard boilerplate clauses such as notices, entire agreement, and governing law

Optional Sections

1. Non-Competition: Restricts the consultant from competing with the company - used when the consultant will have access to sensitive business information

2. Non-Solicitation: Prevents the consultant from soliciting company employees or clients - used when the consultant will have significant client or employee contact

3. Insurance: Specifies required insurance coverage - used when the services involve significant risks or regulatory requirements

4. Performance Metrics: Establishes KPIs and performance measurement criteria - used when the services need specific performance standards

5. Compliance with Specific Regulations: Added when the services must comply with specific industry regulations or standards

6. Force Majeure: Addresses unforeseeable circumstances preventing performance - particularly relevant post-COVID

7. Assignment and Subcontracting: Controls ability to transfer rights or subcontract - used when there's a need to restrict these activities

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of the consultancy services, deliverables, and timelines

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, payment milestones, and expense policies

3. Schedule 3 - Key Personnel: Lists key individuals who will provide the services if the consultant is a company

4. Schedule 4 - Service Levels: Specific performance standards and service level requirements

5. Schedule 5 - Company Policies: Relevant company policies the consultant must comply with

6. Appendix A - Reporting Requirements: Templates and requirements for progress reports and documentation

7. Appendix B - Confidential Information: Specific list or categories of confidential information covered by the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


























Clauses































Relevant Industries

Technology

Financial Services

Manufacturing

Healthcare

Education

Professional Services

Construction

Energy

Telecommunications

Real Estate

Retail

Agriculture

Mining

Transportation

Environmental Services

Relevant Teams

Legal

Procurement

Human Resources

Project Management Office

Operations

Finance

Business Development

Risk and Compliance

Executive Leadership

Contract Administration

Relevant Roles

Legal Counsel

Procurement Manager

Human Resources Director

Project Manager

Operations Director

Chief Financial Officer

Business Development Manager

Department Head

Risk Manager

Compliance Officer

Chief Executive Officer

Contract Administrator

Management Consultant

Technical Consultant

Strategy Consultant

IT Consultant

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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