Master Consulting Agreement Template for South Africa

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Key Requirements PROMPT example:

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."

Document background
The Master Consulting Agreement is designed for businesses operating in South Africa that require a structured framework for engaging consultants or providing consulting services. This agreement type is particularly useful when parties anticipate multiple consulting engagements over time and want to avoid negotiating basic terms repeatedly. The document comprehensively addresses key aspects of the consulting relationship including service delivery, intellectual property rights, data protection (per POPIA requirements), and payment terms, while allowing flexibility through separate statements of work. It's specifically crafted to comply with South African legislative requirements and business practices, making it suitable for both domestic and international consulting relationships.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Management Consulting

Professional Services

Financial Services

Healthcare

Manufacturing

Mining and Resources

Telecommunications

Education

Retail

Energy

Construction

Agriculture

Business Services

Legal Services

Relevant Teams

Legal

Procurement

Finance

Operations

Risk and Compliance

Human Resources

Information Technology

Commercial

Supply Chain

Business Development

Project Management Office

Strategy

Administration

Relevant Roles

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

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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