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Retainer Contract Template for Malaysia

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Key Requirements PROMPT example:

Retainer Contract

"I need a Retainer Contract for my IT consulting firm based in Kuala Lumpur, providing ongoing technical support and maintenance services to corporate clients, with monthly retainer fees and service level agreements starting from March 2025."

Document background
The Retainer Contract serves as a formal agreement between service providers and clients who require ongoing professional services or priority access to expertise. This document, governed by Malaysian law including the Contracts Act 1950 and relevant industry-specific regulations, establishes the framework for a continuing professional relationship. It is commonly used when clients need regular access to professional services, want to secure priority treatment, or desire to have predictable access to expertise at pre-agreed terms. The contract typically includes comprehensive details about service scope, retainer fees, service levels, response times, and the rights and obligations of both parties. It's particularly valuable for professional service providers who offer specialized expertise and clients who require consistent, reliable access to professional services.
Suggested Sections

1. Parties: Identification of the service provider and the client, including full legal names, registration numbers (if applicable), and registered addresses

2. Background: Context of the retainer arrangement and brief description of the parties' business relationship

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Retainer Fee', 'Term', and other relevant definitions

4. Scope of Services: Detailed description of the services to be provided under the retainer arrangement, including any service levels or performance metrics

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

6. Retainer Fee and Payment Terms: Amount of retainer fee, payment schedule, invoicing process, and any additional charges

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

8. Client's Obligations: Key responsibilities and commitments of the client, including provision of necessary information and access

9. Confidentiality: Provisions protecting confidential information shared during the course of the engagement

10. Intellectual Property: Ownership and rights related to any intellectual property created or used during the provision of services

11. Termination: Grounds for termination, notice periods, and consequences of termination

12. General Provisions: Standard clauses including governing law, notices, entire agreement, and amendment procedures

Optional Sections

1. Non-Compete: Restrictions on competitive activities, recommended when sharing sensitive business information or strategies

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

3. Insurance: Requirements for professional indemnity or other insurance coverage, important for high-risk services

4. Data Protection: Specific provisions for handling personal data under PDPA 2010, necessary when personal data processing is involved

5. Service Credits: System for credits or penalties related to service performance, useful for technical or specialized services

6. Audit Rights: Client's right to audit service provider's performance and records, important for regulated industries

7. Key Personnel: Identification of key team members and replacement procedures, relevant for specialized professional services

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of services covered under the retainer, including any excluded services

2. Schedule 2 - Fee Schedule: Detailed breakdown of retainer fees, hourly rates for additional services, and expense categories

3. Schedule 3 - Service Levels: Specific performance metrics, response times, and quality standards

4. Schedule 4 - Key Personnel: List of key team members, their roles, and qualifications

5. Schedule 5 - Report Templates: Standard formats for regular reporting and documentation

6. Appendix A - Communication Protocol: Procedures for routine communications, escalations, and emergency contact details

7. Appendix B - Compliance Requirements: Specific regulatory or industry compliance requirements applicable to the services

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

Professional Services

Information Technology

Management Consulting

Marketing and Advertising

Accounting and Finance

Business Advisory

Creative Services

Healthcare

Engineering

Public Relations

Technical Support

Human Resources

Relevant Teams

Legal

Finance

Procurement

Operations

Business Development

Client Services

Compliance

Human Resources

Professional Services

Contract Administration

Relevant Roles

Legal Counsel

Contract Manager

Business Development Manager

Chief Financial Officer

Operations Director

Procurement Manager

Professional Services Director

Managing Partner

Client Services Manager

Account Executive

Corporate Secretary

Compliance Officer

Human Resources Director

IT Services Manager

Finance Manager

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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