The Service Partner Agreement is a crucial document used to establish formal business relationships between companies and their service providers in Malaysia. It is particularly relevant when engaging external partners for ongoing service provision, whether for core business functions or supporting services. The agreement, governed by Malaysian law, includes comprehensive terms covering service scope, quality standards, compliance requirements, and commercial terms. This document type is essential for businesses operating in Malaysia who need to formalize their service partner relationships while ensuring compliance with local regulations such as the Contracts Act 1950, Employment Act 1955, and sector-specific requirements. The Service Partner Agreement helps define clear boundaries between partnership and employment relationships, protecting both parties while facilitating efficient business operations.
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1. Parties: Identifies and provides full details of all parties to the agreement
2. Background: Explains the context and purpose of the agreement, including the business relationship being established
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Appointment and Scope: Details the formal appointment of the service partner and outlines the scope of services to be provided
5. Term and Renewal: Specifies the initial duration of the agreement and any renewal provisions
6. Service Partner Obligations: Lists the key responsibilities and obligations of the service partner
7. Company Obligations: Outlines the responsibilities and obligations of the company
8. Quality Standards: Defines the required service levels and quality standards to be maintained
9. Fees and Payment: Details the fee structure, payment terms, and invoicing procedures
10. Intellectual Property Rights: Addresses ownership and usage rights of intellectual property
11. Confidentiality: Defines confidential information and obligations regarding its protection
12. Data Protection: Ensures compliance with Malaysian data protection laws and establishes data handling procedures
13. Liability and Indemnification: Sets out liability limitations and indemnification obligations
14. Termination: Specifies termination grounds and procedures
15. Post-Termination Obligations: Outlines obligations that survive termination
16. General Provisions: Includes standard boilerplate clauses such as notices, amendments, and governing law
1. Non-Competition: Include when protecting against competitive activities is necessary, specifying restricted activities and geographical limitations
2. Insurance: Include when specific insurance requirements need to be maintained by the service partner
3. Performance Metrics: Include when specific KPIs or performance measurements need to be tracked
4. Subcontracting: Include when the service partner may need to engage subcontractors
5. Force Majeure: Include when specific force majeure provisions beyond standard cases need to be addressed
6. Compliance with Laws: Include when specific regulatory compliance requirements need to be highlighted
7. Training Requirements: Include when specific training or certification requirements exist
8. Equipment and Materials: Include when specific provisions about equipment or materials provision are needed
9. Dispute Resolution: Include when specific dispute resolution procedures beyond standard court proceedings are required
10. Marketing and Branding: Include when use of brands and marketing materials needs to be regulated
1. Schedule 1 - Services Description: Detailed description of all services to be provided, including specific deliverables and technical requirements
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, charges, and payment terms including any variable components
3. Schedule 3 - Service Levels: Specific service level agreements (SLAs) and performance metrics
4. Schedule 4 - Key Personnel: List of key personnel from both parties responsible for managing the relationship
5. Schedule 5 - Technical Requirements: Technical specifications and requirements for service delivery
6. Schedule 6 - Compliance Requirements: Specific regulatory and compliance requirements applicable to the services
7. Schedule 7 - Operating Procedures: Detailed operational procedures and processes
8. Appendix A - Insurance Requirements: Detailed insurance requirements and minimum coverage levels
9. Appendix B - Form of Reports: Ƶ and formats for required reporting
10. Appendix C - Change Request Form: Standard form for requesting changes to services or terms
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