Master Client Agreement Template for South Africa

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Key Requirements PROMPT example:

Master Client Agreement

"Need a Master Client Agreement for our South African IT consulting firm that provides cloud services and cybersecurity solutions to enterprise clients, with special focus on data protection and service level commitments."

Document background
The Master Client Agreement serves as the primary contractual framework for businesses operating in South Africa who provide ongoing services or products to their clients. This document type is essential for establishing a stable, long-term business relationship while ensuring compliance with South African legislation, including the Consumer Protection Act, POPIA, and relevant industry regulations. It is designed to create a flexible framework under which specific services can be ordered through statements of work or service schedules, while maintaining consistent terms for confidentiality, liability, dispute resolution, and risk allocation. The agreement typically includes comprehensive provisions for data protection, intellectual property rights, and service level commitments, making it suitable for both straightforward and complex business relationships. The Master Client Agreement is particularly valuable when a service provider expects to provide multiple services or expand their service offering to a client over time, as it eliminates the need to negotiate basic terms for each new service.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and business relationship

3. Definitions and Interpretation: Defined terms and rules of interpretation

4. Term and Commencement: Duration of the agreement and effective date

5. Services Framework: Overview of services to be provided under the agreement

6. Ordering Process: Procedure for requesting and confirming specific services

7. Fees and Payment: Payment terms, invoicing, and fee calculation principles

8. Service Levels: General principles for service performance standards

9. Intellectual Property Rights: Ownership and usage rights of IP

10. Confidentiality: Protection of confidential information

11. Data Protection: POPIA compliance and data handling requirements

12. Risk and Insurance: Risk allocation and required insurance coverage

13. Limitation of Liability: Liability caps and exclusions

14. Termination: Termination rights and processes

15. Post-Termination: Obligations surviving termination

16. Dispute Resolution: Process for resolving disputes

17. General Provisions: Standard boilerplate clauses

Optional Sections

1. Anti-Bribery and Corruption: Required if parties operate in high-risk sectors or with government entities

2. Change Control: Include for complex service relationships requiring formal change management

3. Force Majeure: Important for service-heavy agreements where performance might be affected by external events

4. Business Continuity: Required for critical services or regulated industries

5. Audit Rights: Include when compliance verification or financial audits may be necessary

6. Marketing Rights: Include if parties want to use each other's names/logos for marketing

7. Non-Solicitation: Include to prevent poaching of staff

8. BEE Compliance: Required if BEE status is important to the relationship

9. Environmental Compliance: Include for environmentally sensitive services or industries

Suggested Schedules

1. Schedule 1 - Service Descriptions: Detailed descriptions of available services

2. Schedule 2 - Pricing and Fee Structure: Detailed pricing, rates, and payment terms

3. Schedule 3 - Service Levels and KPIs: Specific service level metrics and measurement

4. Schedule 4 - Technical Requirements: Technical specifications and requirements

5. Schedule 5 - Data Processing Terms: Detailed POPIA compliance requirements

6. Schedule 6 - Approved Subcontractors: List of approved third-party service providers

7. Schedule 7 - Contact Details: Key contacts and escalation procedures

8. Schedule 8 - Form of Statement of Work: Template for specific service orders

9. Appendix A - Information Security Requirements: Security standards and protocols

10. Appendix B - Business Continuity Requirements: Disaster recovery and business continuity specifications

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

Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Professional Services

Financial Services

Telecommunications

Manufacturing

Consulting

Healthcare

Retail

Construction

Mining

Energy

Legal Services

Business Process Outsourcing

Logistics and Transportation

Education and Training

Relevant Teams

Legal

Commercial

Procurement

Sales

Business Development

Finance

Risk and Compliance

Operations

Account Management

Executive Leadership

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Director

Commercial Director

Contract Manager

Procurement Manager

Business Development Manager

Account Executive

Sales Director

Chief Financial Officer

Risk Manager

Compliance Officer

Operations Director

Project Manager

General Counsel

Legal Counsel

Company Secretary

Industries
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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