Usage Contracts are essential legal instruments in Malaysian business operations, utilized when one party grants another party the right to use specific assets, services, or intellectual property. This document type is particularly relevant in today's digital economy where sharing and licensing of resources is common. The Usage Contract, governed by Malaysian law, typically includes detailed terms about permitted use, restrictions, payment structures, and compliance requirements. It's designed to protect both the rights owner and the user while ensuring adherence to Malaysian regulations, including the Contracts Act 1950, Consumer Protection Act 1999, and where applicable, the Personal Data Protection Act 2010. The document serves as a crucial tool for businesses operating in Malaysia to formalize usage arrangements and mitigate potential disputes.
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1. Parties: Identification of the parties entering into the agreement, including full legal names and registration details
2. Background: Context of the agreement and brief description of the purpose of the usage rights being granted
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Grant of Usage Rights: Specific details of the usage rights being granted, including scope and limitations
5. Term and Duration: Period of the agreement, including start date and duration
6. Payment Terms: Details of fees, payment schedule, and payment methods
7. User Obligations: Specific responsibilities and obligations of the user while exercising the usage rights
8. Provider Obligations: Responsibilities and obligations of the provider in facilitating the usage
9. Intellectual Property Rights: Protection and ownership of intellectual property related to the usage
10. Confidentiality: Obligations regarding confidential information shared during the usage period
11. Termination: Conditions and processes for terminating the agreement
12. Governing Law: Specification of Malaysian law as the governing law and jurisdiction
13. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Service Level Agreement: Include when the usage involves technical systems or platforms requiring specific performance standards
2. Data Protection: Include when personal data processing is involved, ensuring compliance with PDPA 2010
3. Insurance: Include when the usage involves physical assets or high-risk activities requiring insurance coverage
4. Security Requirements: Include when the usage involves sensitive information or secure systems
5. Disaster Recovery: Include when continuous availability of the usage rights is critical
6. Third-Party Rights: Include when the usage involves third-party products or services
7. Export Control: Include when the usage involves cross-border elements or restricted technologies
1. Schedule 1 - Usage Specifications: Detailed technical specifications of the usage rights, including any limitations or restrictions
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, charges, and payment terms
3. Schedule 3 - Service Levels: Specific performance metrics and service levels if applicable
4. Schedule 4 - Authorized Users: List of authorized users or user categories if usage is restricted
5. Appendix A - Technical Requirements: Technical requirements or specifications for exercising the usage rights
6. Appendix B - Support and Maintenance: Details of any support or maintenance services included with the usage rights
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Media and Entertainment
Professional Services
Retail
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Relevant Teams
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Operations
Compliance
Commercial
Information Technology
Risk Management
Facilities Management
Business Development
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Contract Manager
Compliance Officer
Business Development Manager
Operations Director
Product Manager
Facilities Manager
IT Director
Risk Manager
Commercial Director
Chief Technology Officer
Licensing Manager
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