SERVICE CONTRACT
This Agreement is made this day of …
BETWEEN
…………. (Company No. …. a limited liability company incorporated in Malaysia and having its registered office at ……… (hereinafter referred to as “the Company” of the one part;
AND
…….. (Nric No. ……..) of ……… (hereinafter referred to as “Cheng”) of the other part.
WHEREAS
NOW IT IS HEREBY AGREED as follows:
(A) The Board of Directors of GOLFshall elect FS as Managing Director of the Company until such time as the Board sees fit.
(B) FS shall devote such of his time and attention during business hours to the discharge of his duties hereunder. FS shall not without the consent of the Company during the continuance of his Agreement be engaged or interested either directly or indirectly in any capacity in any similar trade or business whatsoever other than the business of the Company.
1. TERMS AND CONDITIONS
1.1 To lead and direct the Company in the best interest of the Company;
1.2 To exercise and carry out all such powers and duties and shall observe and comply with all lawful directions, restrictions and policies as the Board of Directors of the Company (hereinafter referred to as “the Board”) may from time to time confer or impose upon him on all matters concerning questions of policy;
1.3 To control the general management and administration of the Business of the Company;
1.4 To oversee and direct all marketing aspects of the Business of the Company;
1.5 To act as representative and liaison officer of the Company;
1.6 To hire and dismiss staff within the directions given by the Board;
1.7 To use his experience and business expertise to promote growth and expansion of the Business of the Company;
2. MANAGING DIRECTORS RESPONSIBILITIES
1.1 To render the Board such periodic reports relating to the performance of the Company as the Board from time to time, reasonably require;
1.2 To advise the Company on marketing strategies to improve sales and marketing of the products and services of the Company;
1.3 to assist in the creation of an appropriate image for the Company;
1.4 To make suggestions (if necessary) for upgrading and improving the operation of the Company;
1.5 FS is bound not to divulge any Company’s secrets.
3. BASIC COMPENSATION
For his services rendered to the Company FS is entitled to a Fee of Ringgit Malaysia ……. (……….) per month or such higher rate as may from time to time be determined and notified to FS by the Board.
4. TRAVELLING, ENTERTAINTMENT AND OTHER EXPENSES
4.1 FS shall be reimbursed on all travelling expenses incurred by FS to carry out the business of the Company;
4.2 FS shall be entitled to reimburse all entertainment charges incurred by FS to carry to carry out the business of the Company;
4.3 FS shall be entitled to reimburse hand phone charges as determined by the Board of Directors;
4.4 FS shall be entitled to a car allowance as determined by the Board of Directors.
5. REMOVAL OF MANAGING DIRECTOR
5.1 The expiration or determination of this Agreement howsoever arising shall not affect such of the provisions hereof as are expressed to operate or have effect thereafter and shall be without prejudice to any right of action already accrued to either party in respect of any breach of the Agreement by the other party.
5.2 Any notice required to be served by the other shall be sufficiently served if forwarded by registered post to the address of the person. The initial addresses so designated by the contracting parties hereto as set out in Clause 14 of this Agreement. Any notice sent out by registered post shall be deemed to have been given at the time that in due course of post it would be expected to be delivered to the address to which it was sent.
5.3 If any dispute or controversy arises between the contracting parties herein set out of or in the course of performance of this Agreement, the contracting parties shall endeavour to settle it amicably by mutual agreement.
5.4 In entering into this Agreement, the contracting parties recognize that it is impracticable to make provisions for every contingency that may arise in the course of performance hereof and accordingly the contracting parties hereby declare it to be the intention that this Agreement shall operate between them in fairness and without detriment to the clear provisions of this Agreement, if in the course of performances of this Agreement unfairness to any party is disclosed or anticipated then the contracting parties hall use their best endeavours to agree upon such action as may be necessary and equitable to remove the cause(s) of the unfairness.
5.5 FS shall be personally and solely liable to the relevant authorities arising from the above.
SIGNED BY )
)
In the presence of:- )
