The Customer Agreement serves as the primary contractual document governing the relationship between businesses and their customers in Malaysia. This agreement is essential for any business providing goods or services to customers, whether in B2C or B2B contexts, and must comply with Malaysian legislation including the Consumer Protection Act 1999, Contracts Act 1950, and Personal Data Protection Act 2010. The document should be used when establishing new customer relationships or updating existing terms of service, covering crucial aspects such as service specifications, payment terms, warranties, liability limitations, and dispute resolution procedures. The Customer Agreement is particularly important in the Malaysian context as it must balance comprehensive legal protection with clear, consumer-friendly language as required by local regulations.
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1. Parties: Identification of the business entity and customer, including full legal names and relevant details
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Clear definitions of key terms used throughout the agreement
4. Scope of Services/Products: Detailed description of products or services to be provided
5. Pricing and Payment Terms: Pricing structure, payment methods, terms, and late payment consequences
6. Duration and Renewal: Term of the agreement and conditions for renewal
7. Customer Obligations: Customer's responsibilities and commitments under the agreement
8. Company Obligations: Company's commitments and service level promises
9. Data Protection and Privacy: Compliance with PDPA 2010 and handling of customer data
10. Intellectual Property: Protection and ownership of intellectual property rights
11. Limitation of Liability: Extent and limitations of company's liability
12. Termination: Conditions and process for terminating the agreement
13. Governing Law: Specification of Malaysian law as governing law and jurisdiction
14. Notice Provisions: Methods and requirements for formal communications
15. Entire Agreement: Confirmation that this document represents the complete agreement between parties
1. Service Level Agreement: Include when providing ongoing services with specific performance metrics
2. Warranty: Include for product sales or when specific performance guarantees are offered
3. Insurance: Include when services involve physical risk or high-value items
4. Force Majeure: Include when service delivery could be affected by events beyond reasonable control
5. Confidentiality: Include when sharing sensitive business information with customers
6. Assignment: Include when transfer of rights needs to be restricted
7. Dispute Resolution: Include when specific dispute resolution procedures are preferred
8. Changes to Terms: Include for long-term agreements where terms may need updating
1. Schedule 1 - Product/Service Specifications: Detailed technical specifications of products or services
2. Schedule 2 - Price List: Detailed pricing information, including any tiered pricing structures
3. Schedule 3 - Service Level Metrics: Specific performance metrics and measurement criteria
4. Schedule 4 - Personal Data Processing Terms: Detailed terms for handling personal data under PDPA 2010
5. Appendix A - Contact Information: Key contact details for both parties
6. Appendix B - Complaint Procedures: Detailed procedures for handling customer complaints
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Relevant legal definitions
Clauses
Relevant Industries
Retail
E-commerce
Technology Services
Financial Services
Telecommunications
Healthcare Services
Professional Services
Manufacturing
Education
Hospitality
Transportation
Energy and Utilities
Relevant Teams
Legal
Compliance
Sales
Customer Service
Operations
Risk Management
Commercial
Business Development
Account Management
Corporate Affairs
Relevant Roles
Legal Counsel
Compliance Officer
Contract Manager
Business Development Manager
Sales Director
Customer Service Manager
Operations Manager
Risk Manager
Commercial Director
General Manager
Chief Executive Officer
Chief Legal Officer
Chief Commercial Officer
Chief Operations Officer
Account Manager
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