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Monthly Retainer Agreement Template for Malaysia

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Key Requirements PROMPT example:

Monthly Retainer Agreement

"I need a Monthly Retainer Agreement for my digital marketing agency based in Kuala Lumpur to provide social media management and content creation services to a retail client, with a 12-month initial term starting January 2025."

Document background
The Monthly Retainer Agreement serves as a foundational document for establishing long-term professional service relationships in Malaysia. It is commonly used when a client requires regular, ongoing access to professional services in exchange for a predetermined monthly fee. This agreement type is particularly valuable for businesses seeking consistent professional support without the need for separate engagement agreements for each service instance. The document complies with Malaysian legal requirements, including the Contracts Act 1950 and relevant service industry regulations. It typically includes comprehensive details about service scope, delivery standards, fee structures, and operational procedures, making it suitable for various professional service arrangements from consulting to advisory services. The Monthly Retainer Agreement helps create clarity and certainty in professional relationships while ensuring both parties' interests are protected under Malaysian law.
Suggested Sections

1. Parties: Identification and details of the service provider and client, including registration numbers and addresses

2. Background: Context of the agreement and brief description of the parties' intention to enter into a retainer arrangement

3. Definitions: Key terms used throughout the agreement defined for clarity and consistency

4. Scope of Services: Detailed description of the services to be provided under the retainer arrangement

5. Term and Renewal: Duration of the agreement and provisions for renewal or extension

6. Retainer Fee and Payment Terms: Monthly fee amount, payment schedule, invoicing process, and late payment consequences

7. Service Provider's Obligations: Key responsibilities and commitments of the service provider

8. Client's Obligations: Key responsibilities and commitments of the client

9. Confidentiality: Provisions for handling confidential information exchanged during the service relationship

10. Intellectual Property: Ownership and rights related to any IP created during the service provision

11. Termination: Grounds and process for terminating the agreement

12. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes

13. General Provisions: Standard clauses including notices, entire agreement, and severability

Optional Sections

1. Additional Services: Terms for services beyond the standard retainer scope, used when the agreement allows for ad-hoc additional work

2. Service Levels: Specific performance metrics and standards, included when service quality measurements are required

3. Personnel: Details about key personnel assigned to the client, used when specific team members are crucial to the arrangement

4. Insurance: Insurance requirements and coverage details, included for high-risk or regulated services

5. Data Protection: Specific data handling and protection requirements, needed when personal data processing is involved

6. Non-Competition: Restrictions on competing activities, included when protecting business interests is crucial

7. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term arrangements

8. Dispute Resolution: Detailed process for handling disputes, including mediation or arbitration procedures

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of services included in the monthly retainer

2. Schedule 2 - Fee Structure: Detailed breakdown of the monthly retainer fee and any additional charges

3. Schedule 3 - Service Levels: Specific metrics and standards for service delivery

4. Schedule 4 - Key Personnel: Details of key team members assigned to the client

5. Appendix A - Required Reports: Templates and examples of required regular reports

6. Appendix B - Communication Protocol: Procedures for routine communications and escalations

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

Legal Services

Consulting

Professional Services

Marketing and Advertising

IT Services

Financial Advisory

Business Advisory

Public Relations

Human Resources

Management Consulting

Technical Services

Creative Services

Relevant Teams

Legal

Finance

Operations

Procurement

Business Development

Account Management

Service Delivery

Commercial

Contracts Administration

Professional Services

Relevant Roles

Chief Executive Officer

Managing Director

Legal Counsel

Contract Manager

Business Development Manager

Finance Director

Operations Manager

Procurement Manager

Project Manager

Account Director

Service Delivery Manager

Commercial Manager

Chief Financial Officer

Chief Operating Officer

Professional Services Director

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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