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Terms Of Service Contract

Terms Of Service Contract Template for Malaysia

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Key Requirements PROMPT example:

Terms Of Service Contract

"I need a Terms of Service Contract for my new Malaysian e-learning platform launching in March 2025, which will include subscription-based access to educational content and live tutoring services, with specific attention to data protection for underage users."

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Document background
The Terms of Service Contract is a fundamental legal document essential for any business providing services in Malaysia, whether digital, professional, or consumer-focused. This contract type is particularly crucial in the current digital economy where services are increasingly provided online or through digital platforms. It must comply with Malaysian legislation, including the Electronic Commerce Act 2006 and Personal Data Protection Act 2010, while protecting both service provider and user interests. The document typically includes comprehensive sections on service usage, user obligations, data protection, payment terms, and liability limitations. It's especially important for businesses operating online platforms, subscription services, or any form of digital or professional service delivery, as it establishes the legal framework for the service relationship and helps mitigate potential disputes.
Suggested Sections

1. Parties: Identification of the service provider and definition of user/customer

2. Background: Brief context about the services offered and purpose of the agreement

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Service Description: Detailed description of services provided, including scope and limitations

5. User Registration and Account: Requirements and processes for user registration and account maintenance

6. User Obligations and Conduct: Rules, responsibilities, and restrictions for users of the service

7. Payment Terms: Pricing, payment methods, billing cycles, and related financial terms

8. Intellectual Property Rights: ownership and usage rights of content, trademarks, and other IP

9. Data Protection and Privacy: How user data is collected, used, stored, and protected in compliance with PDPA 2010

10. Limitation of Liability: Limits on service provider's liability and disclaimers

11. Term and Termination: Duration of agreement, renewal terms, and termination conditions

12. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction details

13. General Provisions: Standard legal provisions including severability, entire agreement, and amendments

Optional Sections

1. Service Level Agreement: Specific performance metrics and service standards - include for technical or online services

2. Content Policy: Rules regarding user-generated content - include for platforms allowing user content

3. API Usage Terms: Terms for API access and usage - include if providing API services

4. Marketplace Terms: Additional terms for buying/selling - include for marketplace platforms

5. Subscription Terms: Specific terms for subscription-based services - include for subscription models

6. Age Restrictions: Specific age requirements and restrictions - include for age-sensitive services

7. Geographic Restrictions: Regional limitations of service - include if service is geographically restricted

8. Third-Party Services: Terms relating to integrated third-party services - include if using external services

Suggested Schedules

1. Schedule 1 - Service Description: Detailed technical specifications and features of the service

2. Schedule 2 - Fee Schedule: Detailed pricing structure, including all fees and charges

3. Schedule 3 - Acceptable Use Policy: Detailed rules and guidelines for service usage

4. Schedule 4 - Privacy Policy: Detailed privacy practices and data handling procedures

5. Schedule 5 - Service Level Metrics: Detailed performance metrics and service standards

6. Appendix A - Data Processing Agreement: Specific terms for data processing in compliance with PDPA

7. Appendix B - Technical Requirements: Minimum technical requirements for service usage

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Technology

E-commerce

Software as a Service

Digital Services

Online Platforms

Financial Services

Healthcare Technology

Educational Technology

Professional Services

Telecommunications

Media and Entertainment

Cloud Services

Mobile Applications

Consumer Services

Digital Content Distribution

Relevant Teams

Legal

Compliance

Product Development

Customer Success

Operations

Risk Management

Information Technology

Privacy and Data Protection

Customer Support

Business Development

Digital Operations

Contract Management

Relevant Roles

Legal Counsel

Compliance Officer

Product Manager

Service Delivery Manager

Customer Experience Director

Chief Technology Officer

Privacy Officer

Risk Manager

Operations Director

Business Development Manager

Digital Services Manager

Contract Administrator

Chief Legal Officer

Customer Success Manager

Platform Manager

Industries
Contracts Act 1950: Fundamental law governing contract formation, validity, and enforcement in Malaysia. Essential for ensuring the Terms of Service constitutes a valid contract with proper offer, acceptance, and consideration.
Consumer Protection Act 1999: Protects consumer rights and interests, including provisions against unfair contract terms, misleading conduct, and false representations in consumer agreements.
Personal Data Protection Act 2010: Regulates the collection, processing, and use of personal data. Critical for Terms of Service involving user data collection and privacy policies.
Electronic Commerce Act 2006: Governs electronic transactions and provides legal recognition of electronic messages in commercial transactions, essential for online Terms of Service.
Communications and Multimedia Act 1998: Regulates communication and multimedia services, including content standards and service provider obligations.
Digital Signature Act 1997: Provides legal recognition for digital signatures and their use in electronic contracts and agreements.
Competition Act 2010: Ensures fair competition and prohibits anti-competitive practices, relevant for terms relating to market conduct and service pricing.
Sale of Goods Act 1957: Relevant if the Terms of Service involves the sale of goods or digital products, governing aspects of product quality and fitness for purpose.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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