subcontractor agreement template malaysia

Independent Subcontractor Services Agreement

Instructions for Use

• Fill in all bracketed information accurately, ensuring the legal names of the parties match their respective SSM (Suruhanjaya Syarikat Malaysia) registrations.
• Review the Scope of Services (Clause 1) carefully; ensure it is specific enough to prevent "scope creep" while remaining flexible for the project duration.
• Once completed, both parties must sign in the presence of a witness (if required by your internal policy) and retain a copy for tax and audit purposes.

1. Parties and Definitions

This Agreement is made on this [Day] day of [Month], [Year] between:

The Principal: [Full Legal Name of Company], a company incorporated in Malaysia with registration number [Registration Number] and having its registered office at [Registered Address] ("Principal").

The Subcontractor: [Full Legal Name of Individual or Company], [holding NRIC/Passport/Registration Number: ______________], having its address at [Address] ("Subcontractor").

Project: [Brief description of the main project or contract].

2. Scope of Services

The Subcontractor agrees to provide the following services: [Detailed description of services to be performed] ("Services"). The Subcontractor shall perform the Services in accordance with the standards of skill and care expected in the industry.

3. Term and Termination

3.1 This Agreement shall commence on [Start Date] and continue until [Completion 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 Principal may terminate this Agreement immediately for cause, including but not limited to, material breach of contract or professional misconduct by the Subcontractor.

4. Fees and Payment

4.1 The Principal shall pay the Subcontractor [Amount in MYR] as full consideration for the Services. 4.2 Payment shall be made within [Number] days of receipt of a valid tax invoice. 4.3 The Subcontractor is responsible for all personal income tax, EPF, SOCSO, and any other statutory contributions required under Malaysian law. The Subcontractor acknowledges they are an independent contractor and not an employee of the Principal.

5. Confidentiality

The Subcontractor acknowledges that they may have access to proprietary information. The Subcontractor agrees to keep all such information strictly confidential and shall not disclose it to any third party without prior written consent from the Principal.

6. Intellectual Property

All work product, reports, designs, or deliverables created by the Subcontractor specifically for this Project shall be the exclusive property of the Principal upon full payment of the fees.

7. Indemnity and Liability

The Subcontractor agrees to indemnify and hold the Principal harmless from any claims, damages, or legal costs arising from 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 hereunder shall be subject to the exclusive jurisdiction of the courts of Malaysia.

Signature & Acknowledgment

For and on behalf of the Principal: Signature: __________ Printed Name: [Name of Authorized Signatory] Title: [Designation] Date: [Date]

The Subcontractor: Signature: __________ Printed Name: [Full Legal Name] Title: [Designation/N/A] Date: [Date]

Legal Disclaimer: This document is a general framework provided for informational purposes only. It does not constitute legal advice. You should consult with a qualified legal practitioner in Malaysia to ensure this agreement complies with current local statutes, including the Contracts Act 1950 and relevant employment or tax regulations.