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Master Consulting Agreement
"I need a Master Consulting Agreement under South African law for my technology consulting firm that provides IT services to mining companies, with strong data protection clauses and provisions for international subcontractors."
1. Parties: Identification of the contracting parties, including registered addresses and company registration details
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and rules of interpretation
4. Appointment and Scope: Terms of the consultant's appointment and general scope of services
5. Term and Termination: Duration of the agreement, renewal terms, and termination provisions
6. Services: General framework for how services will be provided and accepted
7. Fees and Payment: Fee structure, payment terms, expenses, and invoicing procedures
8. Obligations of the Consultant: Key responsibilities and commitments of the consultant
9. Obligations of the Client: Key responsibilities and commitments of the client
10. Intellectual Property Rights: Ownership and usage rights of pre-existing and created intellectual property
11. Confidentiality: Protection and handling of confidential information
12. Data Protection: POPIA compliance and data handling requirements
13. Liability and Indemnification: Limitation of liability and indemnification provisions
14. Force Majeure: Handling of events beyond parties' reasonable control
15. Dispute Resolution: Process for resolving disputes between parties
16. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Non-Compete: Restrictions on competitive activities, used when consultant will have access to sensitive competitive information
2. Insurance: Insurance requirements, included when services involve significant risks or regulatory requirements
3. Performance Metrics: Specific KPIs and performance standards, used for long-term or complex engagements
4. Compliance with Laws: Specific regulatory compliance requirements, included when services are in regulated industries
5. Security Requirements: IT and physical security requirements, used when consultant needs access to secure systems or facilities
6. Anti-Corruption: Anti-bribery and corruption provisions, particularly important for international consultants
7. Exchange Control: Foreign exchange provisions for international consulting arrangements
8. Subcontracting: Terms for allowing and managing subcontractors, used when subcontracting might be needed
1. Schedule 1 - Services Description: Detailed description of specific services to be provided
2. Schedule 2 - Fee Schedule: Detailed fee structure, rates, and payment terms
3. Schedule 3 - Service Levels: Specific performance standards and metrics
4. Schedule 4 - Key Personnel: List of key consultant personnel assigned to the engagement
5. Schedule 5 - Client Policies: Relevant client policies that consultant must comply with
6. Appendix A - Change Request Form: Template for requesting changes to services or terms
7. Appendix B - Progress Report Template: Standard format for progress reporting
8. Appendix C - Acceptance Certificate: Template for client acceptance of deliverables
Authors
Affiliate
Applicable Law
Business Day
Change Request
Charges
Client
Client Data
Client Materials
Commencement Date
Confidential Information
Consultant
Consulting Services
Data Protection Laws
Deliverables
Disclosing Party
Effective Date
Force Majeure Event
Good Industry Practice
Initial Term
Intellectual Property Rights
Key Personnel
Materials
Personal Information
Pre-existing Materials
Professional Standards
Project
Receiving Party
Representatives
Schedule
Services
Service Levels
Statement of Work
Term
Third Party
VAT
Work Product
Interpretation
Appointment
Term
Services
Statements of Work
Service Levels
Fees and Payment
Invoicing
Expenses
Tax
Intellectual Property Rights
Confidentiality
Data Protection
Personnel
Warranties
Representations
Performance Obligations
Client Obligations
Consultant Obligations
Change Control
Record Keeping
Audit Rights
Insurance
Liability
Indemnification
Force Majeure
Termination
Exit Management
Non-Solicitation
Assignment
Subcontracting
Notices
Dispute Resolution
Governing Law
Jurisdiction
Entire Agreement
Severability
Variation
Waiver
Force Majeure
Anti-Corruption
Competition Law Compliance
Exchange Control
Information Technology
Management Consulting
Professional Services
Financial Services
Healthcare
Manufacturing
Mining and Resources
Telecommunications
Education
Retail
Energy
Construction
Agriculture
Business Services
Legal Services
Legal
Procurement
Finance
Operations
Risk and Compliance
Human Resources
Information Technology
Commercial
Supply Chain
Business Development
Project Management Office
Strategy
Administration
Chief Executive Officer
Legal Counsel
Procurement Manager
Contract Manager
Project Manager
Business Development Manager
Operations Director
Chief Financial Officer
Risk Manager
Compliance Officer
Human Resources Director
Chief Technology Officer
Commercial Director
Management Consultant
Business Analyst
Department Head
Finance Manager
Supply Chain Manager
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