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Professional Services Retainer Agreement Template for Malaysia

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Key Requirements PROMPT example:

Professional Services Retainer Agreement

"I need a Professional Services Retainer Agreement for my IT consulting firm based in Kuala Lumpur to provide ongoing technical advisory services to a multinational corporation, with monthly reporting requirements and quarterly review meetings starting from March 2025."

Document background
The Professional Services Retainer Agreement is designed for use in the Malaysian market where organizations require ongoing professional services under a retainer arrangement. This document is particularly relevant when a client wishes to secure regular access to professional expertise while maintaining cost predictability. The agreement combines Malaysian legal requirements with international best practices for professional services engagement, addressing key aspects such as service scope, performance standards, confidentiality, and liability limitations. It is commonly used by professional service firms, consultancies, and individual practitioners providing ongoing services to Malaysian businesses, government agencies, or international clients operating in Malaysia. The document includes specific provisions required under Malaysian law, including compliance with the Contracts Act 1950, relevant industry regulations, and data protection requirements.
Suggested Sections

1. Parties: Identification and details of the service provider and client

2. Background: Context of the agreement and general purpose of the retainer arrangement

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope of Services: Terms of appointment and detailed description of professional services covered under the retainer

5. Term and Renewal: Duration of the retainer agreement and renewal provisions

6. Fees and Payment Terms: Retainer fee structure, payment schedule, and additional charging mechanisms

7. Service Provider's Obligations: Core responsibilities and service standards of the professional service provider

8. Client's Obligations: Client's responsibilities and commitments to enable service delivery

9. Confidentiality: Protection of confidential information and trade secrets

10. Intellectual Property: Ownership and rights regarding created materials and pre-existing IP

11. Limitation of Liability: Extent and limitations of service provider's liability

12. Termination: Circumstances and procedures for ending the agreement

13. General Provisions: Standard contractual provisions including notices, amendments, and governing law

Optional Sections

1. Data Protection: Detailed data handling and protection provisions when personal data processing is involved

2. Non-Competition: Restrictions on competitive activities when dealing with sensitive industry information

3. Insurance: Insurance requirements when services involve significant risks or regulatory requirements

4. Force Majeure: Provisions for unforeseen circumstances preventing service delivery

5. Anti-Corruption: Compliance with anti-corruption laws when dealing with government or regulated sectors

6. Service Credits: Performance-based credits or penalties when specific service levels are crucial

7. Dispute Resolution: Detailed dispute resolution procedures when alternative dispute resolution is preferred

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of services covered under the retainer

2. Schedule 2 - Fee Schedule: Detailed fee structure, rates, and payment terms

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

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

5. Schedule 5 - Required Insurance: Specific insurance types and coverage levels

6. Appendix A - Report Templates: Standard formats for service delivery reports and documentation

7. Appendix B - Communication Protocols: 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

Professional Services

Consulting

Legal Services

Accounting and Finance

Information Technology

Management Consulting

Engineering Services

Marketing and Communications

Human Resources

Healthcare Services

Environmental Services

Architecture and Design

Business Advisory

Research and Development

Relevant Teams

Legal

Procurement

Finance

Operations

Compliance

Risk Management

Commercial

Business Development

Project Management

Professional Services

Contract Administration

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Procurement Manager

Contract Manager

Business Development Director

Operations Director

Project Manager

Professional Services Director

Compliance Officer

Risk Manager

Finance Manager

Managing Partner

Commercial Director

Head of Operations

General Counsel

Chief Operating Officer

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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