subcontractor agreement sample malaysia

Independent Subcontractor Services Agreement

Instructions for Use

• Fill in all bracketed information [__________] with the specific details of your engagement; ensure all party names match the details registered with the Companies Commission of Malaysia (SSM).
• Review the scope of work and payment terms carefully; if the project involves specialized intellectual property or sensitive data, consider adding a specific addendum.
• Once finalized, print two copies, ensure both parties sign in the presence of a witness where applicable, and retain one original signed copy for your business records.

1. Parties

This Agreement is made on [Date] between:

The Contractor: [Company Name/Full Legal Name], a company incorporated in Malaysia with registration number [__________] having its registered office at [Registered Address] (hereinafter "Contractor").

The Subcontractor: [Company Name/Full Legal Name], a company incorporated in Malaysia with registration number [__________] having its registered office at [Registered Address] (hereinafter "Subcontractor").

2. Scope of Services

The Subcontractor agrees to perform the services described in [Exhibit A - Scope of Work] (the "Services") for the Contractor’s project known as [Project Name].

3. Term and Termination

3.1 This Agreement shall commence on [Start Date] and continue until [End Date] or upon completion of the Services, unless terminated earlier. 3.2 Either party may terminate this Agreement by providing [Number] days' written notice to the other party. 3.3 The Contractor may terminate this Agreement immediately for cause, including but not limited to, material breach of terms or failure to meet safety standards.

4. Payment Terms

4.1 The Contractor shall pay the Subcontractor [Amount in MYR] for the completion of the Services. 4.2 Payment shall be made within [Number] days of receipt of a valid tax invoice, subject to the satisfactory completion of the work as verified by the Contractor.

5. Independent Contractor Status

The Subcontractor is an independent contractor. Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employer-employee relationship between the parties. The Subcontractor is responsible for all statutory contributions (EPF, SOCSO, EIS) and income tax obligations.

6. Confidentiality

The Subcontractor shall keep all information provided by the Contractor confidential and shall not disclose such information to any third party without prior written consent, except as required by law.

7. Indemnity and Liability

The Subcontractor agrees to indemnify and hold harmless the Contractor from any claims, damages, or expenses arising out of the Subcontractor’s negligence, willful misconduct, or breach of this Agreement.

8. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Malaysia. Any disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the courts of Malaysia.

9. Signatures

For and on behalf of the Contractor: Signature: __________ Printed Name: [Name] Title: [Title] Date: [Date]

For and on behalf of the Subcontractor: Signature: __________ Printed Name: [Name] Title: [Title] Date: [Date]

Legal Disclaimer: This document is a general framework intended for informational purposes only. It does not constitute legal advice. Laws regarding labor, taxation, and contract enforcement in Malaysia are subject to change; you should consult with a qualified legal professional to ensure this document meets your specific business requirements and jurisdictional compliance.