The Software Implementation Partner Agreement is a crucial document used to establish and govern the relationship between software providers and their authorized implementation partners in Malaysia. This agreement is essential when a software provider wants to expand its market reach by engaging qualified local partners to implement their software solutions for end customers. The document comprehensively covers implementation methodologies, partner obligations, commercial terms, and compliance requirements under Malaysian law, including specific provisions addressing data protection, digital signatures, and intellectual property rights. It's particularly relevant in the context of enterprise software deployments where specialized expertise is required for successful implementation, and where clear governance frameworks are needed to ensure quality and consistency in service delivery. The agreement typically includes detailed schedules for technical specifications, service levels, and certification requirements, making it suitable for complex software implementation projects in the Malaysian market.
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1. Parties: Identifies the contracting parties with their full legal names, registration numbers, and registered addresses
2. Background: Sets out the context of the agreement, including the software product, the parties' qualifications, and the purpose of the partnership
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Appointment and Scope: Establishes the partner's appointment, territory, and general scope of implementation services
5. Partner Obligations: Details the core responsibilities and duties of the implementation partner
6. Principal's Obligations: Outlines the software provider's responsibilities and support commitments
7. Implementation Process: Describes the standard implementation methodology, phases, and deliverables
8. Personnel and Resources: Specifies requirements for partner personnel, including qualifications and key roles
9. Training and Certification: Sets out training requirements and certification processes for partner personnel
10. Fees and Payment: Details the fee structure, payment terms, and invoicing procedures
11. Intellectual Property Rights: Addresses ownership and licensing of IP, including pre-existing IP and newly created materials
12. Confidentiality: Contains confidentiality obligations and permitted uses of confidential information
13. Data Protection: Specifies obligations regarding personal data handling and compliance with privacy laws
14. Warranties and Representations: Contains parties' warranties regarding authority, capacity, and service quality
15. Liability and Indemnities: Sets out liability limitations and indemnification obligations
16. Term and Termination: Specifies agreement duration, renewal terms, and termination rights
17. Post-Termination: Addresses obligations and rights after agreement termination
18. General Provisions: Contains standard boilerplate clauses including notices, assignment, and governing law
1. Marketing and Promotion: Optional section for agreements where the partner will also promote the software solution
2. Service Levels: Include when specific performance metrics and service levels are required for the implementation services
3. Disaster Recovery: Required when the partner handles critical data or provides ongoing operational support
4. Insurance: Include when specific insurance requirements need to be detailed beyond general liability coverage
5. Non-Competition: Optional restrictions on partner's ability to work with competing software products
6. Source Code Escrow: Include when partner requires access to source code under specific conditions
7. Change Control: Required for complex implementations where formal change management procedures are needed
8. Support and Maintenance: Include when partner will provide ongoing support services post-implementation
9. Performance Incentives: Optional section for defining bonus structures or performance-based rewards
1. Implementation Services Specification: Detailed description of implementation services, methodologies, and deliverables
2. Fee Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Service Levels and KPIs: Specific performance metrics, measurement methods, and remedies
4. Software Description: Technical specifications and features of the software being implemented
5. Partner Certification Requirements: Required qualifications, certifications, and training for partner personnel
6. Project Governance: Project management procedures, reporting requirements, and escalation protocols
7. Technical Requirements: Infrastructure and technical specifications required for implementation
8. Data Processing Agreement: Detailed terms for personal data processing and protection
9. Form of Customer Contract: Template agreement for end-customer implementations
10. Change Request Form: Standard form for requesting and documenting changes to implementation scope
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