The Website Sale Agreement is essential for businesses engaged in the purchase or sale of established websites in Malaysia. This document is typically used when transferring complete ownership of a website, including its domain name, content, intellectual property, user data, and technical infrastructure. It ensures compliance with Malaysian legislation, particularly the Electronic Commerce Act 2006, Personal Data Protection Act 2010, and relevant intellectual property laws. The agreement covers crucial aspects such as asset valuation, transfer procedures, warranties, and post-sale obligations. It's particularly important in protecting both parties' interests and ensuring a smooth transition of digital assets while maintaining legal compliance in Malaysia's growing digital economy.
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1. Parties: Identification of the seller and buyer with complete legal details
2. Background: Context of the sale, brief description of the website and reason for the transaction
3. Definitions: Definitions of technical terms, website components, and legal terminology used in the agreement
4. Sale and Purchase: Core terms of the transaction including the assets being sold and purchase price
5. Website Description and Components: Detailed description of all website components, functionalities, and included assets
6. Transfer Process: Steps and timeline for transferring website ownership, access, and control
7. Payment Terms: Payment amount, method, and schedule including any escrow arrangements
8. Intellectual Property Rights: Transfer of IP rights, including copyright, trademarks, and domain names
9. Warranties and Representations: Seller's warranties regarding website ownership, functionality, and compliance
10. Handover and Training: Process for technical handover and any required training or documentation
11. Confidentiality: Obligations regarding confidential information and trade secrets
12. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes
1. Data Protection and Privacy: Required if the website processes personal data, detailing compliance and transfer obligations
2. Third-Party Contracts: Include if there are existing contracts with third-party service providers that need to be addressed
3. Revenue Transfer: Include if the website generates revenue and specific arrangements are needed for transition
4. Employee/Contractor Transfer: Required if website maintenance staff or contractors are being transferred
5. Non-Compete Clause: Optional restrictions on seller's future competitive activities
6. Transition Services: Include if seller will provide ongoing support or maintenance after sale
7. Content License: Required if any content is licensed rather than owned outright
8. User Database Transfer: Include if user/customer database is part of the sale
1. Schedule 1: Website Components Inventory: Detailed list of all website components, software, and assets included in the sale
2. Schedule 2: Domain Names and Social Media Accounts: List of all domain names, social media accounts, and online properties being transferred
3. Schedule 3: Technical Specifications: Detailed technical specifications of the website, hosting requirements, and technologies used
4. Schedule 4: Intellectual Property Register: Complete inventory of all IP assets including trademarks, copyrights, and patents
5. Schedule 5: Third-Party Licenses: List of all third-party licenses, subscriptions, and contracts associated with the website
6. Schedule 6: Revenue and Analytics: Historical traffic, revenue data, and analytics if applicable
7. Appendix A: Transfer Checklist: Detailed checklist for the technical transfer process
8. Appendix B: Service Level Agreements: Any ongoing service level agreements or maintenance requirements
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