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Subcontractor Agreement For Services for Malaysia

Subcontractor Agreement For Services Template for Malaysia

A comprehensive legal agreement governed by Malaysian law that establishes and regulates the relationship between a main contractor and a subcontractor for the provision of specific services. The document outlines the scope of services, payment terms, performance standards, and respective obligations of both parties while ensuring compliance with Malaysian legislation including the Contracts Act 1950 and relevant industry regulations. It includes provisions for quality control, liability allocation, intellectual property rights, confidentiality, and dispute resolution mechanisms specifically adapted to the Malaysian legal context.

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What is a Subcontractor Agreement For Services?

The Subcontractor Agreement For Services is essential for businesses operating in Malaysia that need to engage third-party service providers while maintaining control over service delivery and quality. This document is typically used when a company (main contractor) wants to delegate certain services to another company (subcontractor) while maintaining its contractual obligations to the end client. The agreement must comply with Malaysian legislation, including the Contracts Act 1950, Employment Act 1955, and industry-specific regulations. It addresses key aspects such as service scope, payment terms, performance standards, intellectual property rights, confidentiality, and dispute resolution. The document is particularly important in protecting both parties' interests while ensuring clear accountability and service delivery standards in the Malaysian business context.

What sections should be included in a Subcontractor Agreement For Services?

1. Parties: Identifies and provides full details of the main contractor and subcontractor, including registration numbers and registered addresses

2. Background: Sets out the context of the agreement, including the main contractor's authority to subcontract and the subcontractor's capability to provide the services

3. Definitions: Defines key terms used throughout the agreement to ensure clear interpretation

4. Scope of Services: Detailed description of the services to be provided by the subcontractor

5. Term and Commencement: Specifies the duration of the agreement and start date

6. Subcontractor's Obligations: Details the key responsibilities and duties of the subcontractor

7. Main Contractor's Obligations: Outlines the responsibilities and duties of the main contractor

8. Payment Terms: Specifies fees, payment schedule, invoicing requirements, and payment methods

9. Performance Standards: Sets out the quality standards and performance metrics required

10. Intellectual Property Rights: Addresses ownership and usage rights of any IP created or used during service provision

11. Confidentiality: Defines confidential information and obligations to maintain confidentiality

12. Insurance and Liability: Specifies required insurance coverage and liability limitations

13. Termination: Details circumstances and procedures for ending the agreement

14. Dispute Resolution: Outlines the process for resolving disputes between parties

15. General Provisions: Contains standard legal clauses including notices, amendments, and governing law

What sections are optional to include in a Subcontractor Agreement For Services?

1. Emergency Response Procedures: Required for services involving critical operations or safety risks

2. Environmental Compliance: Necessary for services with environmental impact

3. Security Requirements: Important for services involving access to sensitive areas or information

4. Data Protection: Required when personal data processing is involved

5. Non-Compete: Optional restriction on subcontractor's ability to compete

6. Force Majeure: Defines circumstances beyond parties' control that excuse performance

7. Assignment and Subcontracting: Required if further subcontracting might be needed

8. Change Control: Important for long-term or complex service arrangements

9. Step-in Rights: Needed for critical services where main contractor may need to take over

10. Compliance with Client Requirements: Required when services are ultimately for a specific end client

What schedules should be included in a Subcontractor Agreement For Services?

1. Schedule 1 - Scope of Services: Detailed specification of services to be provided

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

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

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

5. Schedule 5 - Equipment and Materials: List of equipment and materials to be provided by each party

6. Schedule 6 - Insurance Requirements: Detailed insurance coverage requirements

7. Schedule 7 - Health and Safety Requirements: Specific health and safety procedures and requirements

8. Appendix A - Form of Invoice: Template for submission of invoices

9. Appendix B - Change Request Form: Standard form for requesting changes to services

10. Appendix C - Compliance Certificates: Required certifications and compliance documents

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Publisher

Ƶ

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions





































Clauses








































Relevant Industries

Construction

Information Technology

Professional Services

Manufacturing

Engineering

Facilities Management

Healthcare

Telecommunications

Energy

Transportation

Logistics

Consulting

Industrial Services

Maintenance Services

Relevant Teams

Legal

Procurement

Operations

Finance

Risk & Compliance

Project Management

Commercial

Supply Chain

Quality Assurance

Vendor Management

Business Development

Technical Operations

Relevant Roles

Procurement Manager

Contract Administrator

Legal Counsel

Project Manager

Operations Director

Commercial Manager

Supply Chain Manager

Risk Manager

Compliance Officer

Business Development Manager

Finance Director

Technical Director

Quality Assurance Manager

Human Resources Manager

Vendor Management Specialist

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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