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Master Framework Agreement

Master Framework Agreement Template for South Africa

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Key Requirements PROMPT example:

Master Framework Agreement

"I need a Master Framework Agreement between a South African IT services provider and a multinational retail client, with specific focus on POPIA compliance and cross-border data transfers, to be implemented by March 2025."

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Document background
The Master Framework Agreement is designed for businesses operating in South Africa that require a structured approach to managing ongoing commercial relationships. This agreement type is particularly useful when parties anticipate multiple transactions or projects over time and want to avoid negotiating terms repeatedly. It establishes core principles, governance structures, and risk allocation while allowing flexibility for specific requirements through call-off contracts. The document incorporates key South African legislative requirements and commercial practices, making it suitable for both domestic and international business relationships. Common applications include long-term service arrangements, supply chain management, and complex project delivery frameworks. The Master Framework Agreement typically includes detailed schedules for specific operational aspects while maintaining consistent overarching terms.
Suggested Sections

1. Parties: Identification and details of the contracting parties, including registration numbers and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of the framework

3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation

4. Term and Duration: Duration of the framework agreement, including commencement date and renewal provisions

5. Scope of Agreement: Overview of services/products covered and the nature of the relationship

6. Call-Off Procedures: Process for entering into individual transactions or statements of work under the framework

7. Pricing and Payment Terms: General pricing principles, payment terms, invoicing requirements, and price adjustment mechanisms

8. Performance Standards: Quality standards, service levels, and performance expectations

9. Obligations of the Parties: Key responsibilities and commitments of each party

10. Compliance and Regulatory Requirements: Obligations regarding laws, regulations, and industry standards

11. Intellectual Property Rights: Ownership and usage rights of IP, including pre-existing and newly created IP

12. Confidentiality: Protection and handling of confidential information

13. Data Protection: POPIA compliance and data handling requirements

14. Liability and Indemnification: Allocation of risks, limitation of liability, and indemnification obligations

15. Force Majeure: Events excusing performance and related procedures

16. Termination: Grounds for termination, notice requirements, and consequences

17. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law

18. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement

Optional Sections

1. Insurance Requirements: Detailed insurance obligations when specific coverage types are needed

2. Security Requirements: Security protocols and requirements for handling sensitive information or accessing facilities

3. Environmental Compliance: Environmental obligations for agreements involving potential environmental impact

4. B-BBEE Compliance: Specific provisions related to B-BBEE requirements and commitments

5. Anti-Corruption: Detailed anti-corruption provisions for high-risk industries or international dealings

6. Change Control: Formal process for managing changes to services or requirements

7. Business Continuity: Business continuity and disaster recovery requirements for critical services

8. Audit Rights: Detailed audit provisions for regulated industries or complex service arrangements

9. Personnel Requirements: Specific requirements for personnel qualifications or vetting

10. Export Control: Export control provisions for international trade arrangements

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of services or products covered under the framework

2. Schedule 2 - Pricing Schedule: Detailed pricing structures, rates, and calculation methodologies

3. Schedule 3 - Service Levels: Detailed service level requirements, measurements, and remedies

4. Schedule 4 - Governance: Governance structure, meeting requirements, and escalation procedures

5. Schedule 5 - Technical Requirements: Technical specifications and standards

6. Schedule 6 - Form of Call-Off Contract: Template for individual transactions or statements of work

7. Schedule 7 - Key Personnel: Details of key personnel and their roles

8. Schedule 8 - Approved Subcontractors: List of approved subcontractors and their scope

9. Appendix A - Contact Details: Contact information for key personnel and authorized representatives

10. Appendix B - Reporting Requirements: Templates and requirements for regular reporting

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
Affiliate
Applicable Law
Business Day
Call-Off Contract
Charges
Commencement Date
Confidential Information
Control
Data Protection Laws
Deliverables
Effective Date
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Personnel
Material Breach
Notice
Parties
Personal Information
Personnel
POPIA
Purchase Order
Representatives
Services
Service Levels
Specifications
Statement of Work
Subcontractor
Term
Territory
Third Party
Working Hours
B-BBEE
Change Control
Completion Date
Contract Year
Dispute
Documentation
Emergency
Encumbrance
Financial Year
Insolvency Event
Liability
Loss
Material Adverse Effect
Operator
Parent Company
Processing
Quality Standards
Records
Responsible Party
Service Credits
Service Provider
Software
Subsidiary
System
Tax
Technical Requirements
VAT
Warranties
Work Product
Clauses
Interpretation
Appointment
Duration
Framework Structure
Call-off Procedures
Service Delivery
Performance Standards
Quality Management
Pricing
Invoicing
Payment Terms
Service Credits
Key Personnel
Subcontracting
Changes
Reporting
Audit Rights
Data Protection
Confidentiality
Intellectual Property
Warranties
Indemnification
Liability
Insurance
Force Majeure
Governance
Record Keeping
Compliance
Anti-Corruption
B-BBEE
Competition Law
Assignment
Change of Control
Dispute Resolution
Termination
Exit Management
Notices
Publicity
Business Continuity
Security
Environmental Requirements
Health and Safety
Employment
Tax
Electronic Communications
Entire Agreement
Severability
Waiver
Governing Law
Jurisdiction
Relevant Industries

Information Technology

Manufacturing

Professional Services

Financial Services

Telecommunications

Healthcare

Energy and Utilities

Retail and Consumer Goods

Mining and Resources

Construction and Infrastructure

Logistics and Transportation

Education

Relevant Teams

Legal

Procurement

Finance

Commercial

Risk and Compliance

Operations

Supply Chain

Business Development

Project Management

Account Management

Relevant Roles

Legal Counsel

Commercial Director

Procurement Manager

Contract Manager

Chief Financial Officer

Chief Operating Officer

Risk Manager

Compliance Officer

Business Development Manager

Project Manager

Supply Chain Manager

Operations Director

General Counsel

Commercial Manager

Account Executive

Industries
Consumer Protection Act 68 of 2008: Fundamental legislation protecting consumer rights and establishing fair business practices. Essential for any commercial agreement that may involve consumer-facing aspects.
Protection of Personal Information Act (POPIA) 4 of 2013: Regulates the processing of personal information and sets conditions for lawful data processing. Crucial if the agreement involves handling personal data.
Electronic Communications and Transactions Act 25 of 2002: Governs electronic communications and transactions, including the validity of electronic signatures and contracts formed through electronic means.
Competition Act 89 of 1998: Ensures fair competition and prevents anti-competitive practices. Relevant for framework agreements that might affect market competition.
Companies Act 71 of 2008: Governs corporate entities and their interactions. Essential for understanding the legal capacity of contracting parties and their authority to enter into agreements.
National Credit Act 34 of 2005: Regulates credit agreements and payment terms. Relevant if the framework agreement includes credit arrangements or payment structures.
Broad-Based Black Economic Empowerment Act 53 of 2003: Important for compliance with South African economic transformation requirements, particularly in business-to-business relationships.
Value Added Tax Act 89 of 1991: Governs VAT implications in commercial transactions. Essential for financial aspects of the framework agreement.
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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