All Countries
Procurement
Business Process Outsourcing Agreement

Business Process Outsourcing Agreement Template for South Africa

Create a bespoke document in minutes,  or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Business Process Outsourcing Agreement

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Business Process Outsourcing Agreement

"I need a Business Process Outsourcing Agreement for outsourcing our customer service operations to a South African provider who will handle European customer data, starting March 2025, with specific emphasis on GDPR and POPIA compliance and 24/7 service coverage."

Celebrated by
Collaborations with
Investors
Document background
The Business Process Outsourcing Agreement is designed for use when a company (the client) wishes to outsource certain business processes to a specialized service provider in or from South Africa. This document is particularly relevant given South Africa's position as a leading BPO destination, offering a sophisticated legal framework and robust infrastructure. The agreement encompasses all necessary elements required under South African law, including POPIA compliance, B-BBEE considerations, and employment regulations. It is structured to protect both parties' interests while ensuring operational efficiency, data security, and service quality. The document is suitable for both domestic and international outsourcing arrangements, with specific provisions addressing cross-border data transfers and currency considerations where applicable.
Suggested Sections

1. Parties: Identification and details of the contracting parties (Service Provider and Client)

2. Background: Context of the agreement, including business objectives and high-level scope

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Appointment and Scope: Formal appointment of service provider and detailed scope of services

5. Term and Renewal: Duration of the agreement and renewal provisions

6. Service Provider Obligations: Key responsibilities and obligations of the service provider

7. Client Obligations: Key responsibilities and obligations of the client

8. Service Levels: Performance standards, metrics, and measurement methodology

9. Charges and Payment: Pricing, payment terms, invoicing, and related financial provisions

10. Data Protection and Security: POPIA compliance, data security measures, and confidentiality obligations

11. Intellectual Property: Ownership and usage rights of IP created or used during service provision

12. Staff and Employment: Personnel requirements, training, and compliance with employment laws

13. Governance and Reporting: Management structure, reporting requirements, and oversight procedures

14. Risk and Compliance: Regulatory compliance, risk management, and audit rights

15. Liability and Indemnities: Limitation of liability, indemnification provisions, and insurance requirements

16. Termination: Termination rights, processes, and consequences

17. Exit Management: Transition arrangements upon termination or expiry

18. General Provisions: Standard legal provisions including notices, governing law, and dispute resolution

Optional Sections

1. Business Continuity and Disaster Recovery: Required when services are critical to client operations or handle sensitive data

2. Change Control: Needed for complex services where scope or requirements may evolve

3. Third Party Rights: Required when subcontractors or third-party beneficiaries are involved

4. Anti-Bribery and Corruption: Important for international clients or regulated industries

5. Environmental and Social Responsibility: Relevant for clients with strong ESG commitments

6. Knowledge Transfer: Important when significant intellectual capital or training is involved

7. Location and Facilities: Required when specific location requirements or facility provisions apply

8. Currency and Exchange Rate: Needed for international agreements with cross-border payments

9. Volume Commitments: Relevant when minimum service volumes are guaranteed

10. Technology and Systems: Required when specific technology platforms or systems are core to service delivery

Suggested Schedules

1. Service Description: Detailed description of services, processes, and deliverables

2. Service Levels and KPIs: Detailed performance metrics, measurement methods, and penalties/rewards

3. Pricing and Commercial Terms: Detailed pricing structure, rates, and commercial mechanisms

4. Governance Framework: Detailed governance structure, roles, and meeting framework

5. Technical Requirements: IT systems, infrastructure, and technical specifications

6. Security Requirements: Detailed security protocols, standards, and compliance requirements

7. HR Policies and Requirements: Staff qualifications, training requirements, and HR policies

8. RACI Matrix: Responsibility assignment matrix for key processes and decisions

9. Business Continuity Plan: Detailed continuity and disaster recovery procedures

10. Exit Plan: Detailed transition-out procedures and requirements

11. Form of Reports: Templates and formats for required reporting

12. Approved Subcontractors: List of approved subcontractors and their roles

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 legal definitions
Agreement
Applicable Laws
Authorized Representatives
Business Day
B-BBEE
Change Control
Charges
Client
Client Data
Commencement Date
Confidential Information
Contract Year
Data Protection Laws
Data Subject
Deliverables
Dispute Resolution Procedure
Effective Date
Exit Management Plan
Exit Period
Force Majeure Event
Good Industry Practice
Governance Framework
Implementation Period
Initial Term
Intellectual Property Rights
Key Performance Indicators
Key Personnel
Material Breach
Notice
Operating Hours
Operator
Personal Information
Processing
Responsible Party
Review Meetings
Service Credits
Service Levels
Services
Service Provider
Service Provider Personnel
Service Recipient
Special Personal Information
Subcontractor
Term
Termination Date
Transition Period
Transition Plan
Working Hours
Clauses
Appointment
Service Scope
Term and Renewal
Service Levels
Performance Monitoring
Charges and Payment
Invoicing
Data Protection
Confidentiality
Intellectual Property
Personnel and Employment
Training and Skills Transfer
Governance
Reporting
Audit Rights
Quality Assurance
Change Control
Force Majeure
Business Continuity
Disaster Recovery
Warranties
Indemnification
Limitation of Liability
Insurance
Security Requirements
Regulatory Compliance
B-BBEE Compliance
Anti-Bribery and Corruption
Assignment and Subcontracting
Non-Solicitation
Competition
Dispute Resolution
Termination Rights
Exit Management
Transition Services
Notice Requirements
Governing Law
Jurisdiction
Entire Agreement
Severability
Waiver
Amendment
Third Party Rights
Counterparts
Relevant Industries

Financial Services

Healthcare

Technology

Telecommunications

Retail

Manufacturing

Insurance

Banking

E-commerce

Professional Services

Travel and Hospitality

Education

Energy and Utilities

Relevant Teams

Legal

Operations

Procurement

Finance

Compliance

Information Technology

Human Resources

Risk Management

Information Security

Vendor Management

Project Management

Commercial

Service Delivery

Relevant Roles

Chief Operations Officer

Chief Financial Officer

Head of Procurement

Legal Counsel

Compliance Officer

Operations Director

Commercial Director

Vendor Management Lead

Business Process Manager

Chief Technology Officer

Data Protection Officer

Risk Manager

Service Delivery Manager

Contract Manager

Project Manager

Human Resources Director

Chief Information Security Officer

Industries
Protection of Personal Information Act (POPIA): Regulates the processing of personal information and sets conditions for lawful processing of personal data. Critical for BPO operations handling personal information of clients or customers.
Electronic Communications and Transactions Act: Governs electronic communications and transactions, particularly relevant for digital aspects of BPO services and data transmission.
Broad-Based Black Economic Empowerment Act: Promotes economic transformation and enables meaningful participation of black people in the South African economy. Important for BPO providers operating in South Africa.
Employment Equity Act: Promotes equal opportunity and fair treatment in employment through the elimination of unfair discrimination. Relevant for staffing and employment practices in BPO operations.
Basic Conditions of Employment Act: Establishes basic conditions of employment, including working hours, leave, and other employment terms. Essential for BPO operations involving staff management.
Labour Relations Act: Regulates the organizational rights of trade unions, promotes collective bargaining, and handles labor disputes. Important for managing employee relations in BPO operations.
Skills Development Act: Provides for the development of skills of the South African workforce. Relevant for training and development aspects of BPO staff.
Consumer Protection Act: Protects consumers from unfair practices and regulates consumer-business relationships. Applicable if the BPO services involve consumer interactions.
Companies Act: Governs the formation and operation of companies in South Africa. Relevant for understanding the legal framework of business operations.
Value Added Tax Act: Regulates VAT obligations, which is important for billing and invoicing aspects of BPO services.
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

Find the exact document you need

Recruitment Process Outsourcing Contract

A South African law-governed agreement for outsourcing recruitment processes, defining services, obligations, and compliance requirements between an RPO provider and client.

find out more

HR Outsourcing Agreement

South African law-governed agreement for outsourcing HR functions to a specialized service provider, ensuring compliance with local employment and privacy laws.

find out more

Call Center Outsourcing Agreement

South African-law governed agreement for outsourcing call center operations, covering service standards, compliance, and operational requirements.

find out more

Business Process Outsourcing Agreement

A South African law-governed agreement establishing terms for business process outsourcing services between a client and service provider.

find out more

Recruitment Process Outsourcing Agreement

A South African law-governed agreement for outsourcing recruitment processes, defining service terms and compliance requirements.

find out more

Manufacturing Outsourcing Agreement

A South African law-governed agreement establishing terms for outsourcing manufacturing operations to a third-party manufacturer, including production specifications, quality standards, and regulatory compliance.

find out more

HR Outsourcing Contract

A South African law-governed agreement for outsourcing HR functions, ensuring compliance with local employment and data protection regulations.

find out more

Employee Outsourcing Agreement

A South African law-compliant agreement governing the outsourcing of employees between a service provider and client company, ensuring adherence to local labor regulations.

find out more

Software Development Outsourcing Contract

A South African law-governed agreement for outsourcing software development services, covering project scope, IP rights, and development terms.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: https://www.genieai.co/our-research
Oops! Something went wrong while submitting the form.

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our Trust Centre for more details and real-time security updates.

Read our Privacy Policy.