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1. Parties: Identifies and provides full details of the contracting parties - the advisor and the client
2. Background: Contextual information explaining the purpose of the agreement and the parties' intention to enter into an advisory relationship
3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets out interpretation rules
4. Appointment and Scope of Services: Details the formal appointment of the advisor and outlines the core services to be provided
5. Duration and Termination: Specifies the term of the agreement and circumstances under which it can be terminated
6. Fees and Payment Terms: Outlines the fee structure, payment schedule, and invoicing procedures
7. Obligations of the Advisor: Details the advisor's duties, professional standards, and service delivery commitments
8. Client's Obligations: Specifies the client's responsibilities, including information provision and cooperation
9. Confidentiality: Provisions for protecting confidential information shared during the advisory relationship
10. Data Protection: POPIA compliance measures for handling personal information
11. Intellectual Property: Addresses ownership and usage rights of materials and deliverables
12. Limitation of Liability: Defines the extent and limitations of the advisor's liability
13. General Provisions: Standard legal clauses including notices, entire agreement, and governing law
1. Regulatory Compliance: Required when providing regulated services, especially under FAIS Act for financial advisory services
2. Anti-Money Laundering: Necessary for financial advisory services or when large transactions are involved
3. Non-Solicitation: Used when there's a risk of client poaching or staff solicitation
4. Force Majeure: Important for long-term advisory relationships to address unforeseen circumstances
5. Insurance: Required when professional indemnity insurance is necessary for the services
6. Conflict of Interest: Important for financial advisors or when working with multiple clients in the same industry
7. Sub-contracting: Needed if the advisor may need to engage other professionals or sub-contractors
8. Change Control: Used for complex advisory services where scope changes are likely
1. Schedule 1: Scope of Services: Detailed description of specific advisory services to be provided
2. Schedule 2: Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3: Service Levels: Specific performance metrics and service standards
4. Schedule 4: Key Personnel: Details of key team members and their roles
5. Schedule 5: Compliance Requirements: Specific regulatory requirements and compliance procedures
6. Appendix A: Required Information: List of information and documents required from the client
7. Appendix B: Report Templates: Standard formats for reports and deliverables
8. Appendix C: Client Policies: Relevant client policies that the advisor must comply with
Advisor
Client
Services
Deliverables
Fees
Commencement Date
Term
Confidential Information
Intellectual Property
Personal Information
Force Majeure Event
Business Day
Applicable Laws
Professional Standards
Project
Key Personnel
Service Levels
Reports
Affiliate
Change Request
Client Materials
Good Industry Practice
Implementation Plan
Milestones
Performance Standards
Project Manager
Records
Representatives
Scope of Work
Specifications
Sub-contractor
Territory
Working Hours
Material Breach
Completion Date
Dispute
Effective Date
Notice
Regulatory Requirements
VAT
Contract Year
Disclosing Party
Receiving Party
Professional Indemnity Insurance
Service Credits
Termination Date
Work Product
Scope of Services
Term and Duration
Fees and Payment
Invoicing
Performance Standards
Service Levels
Confidentiality
Data Protection
Intellectual Property
Warranties
Indemnification
Limitation of Liability
Insurance
Force Majeure
Termination
Client Obligations
Advisor Obligations
Regulatory Compliance
Anti-Corruption
Conflict of Interest
Non-Solicitation
Non-Competition
Reporting Requirements
Record Keeping
Audit Rights
Change Control
Assignment
Subcontracting
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Variation
Waiver
Relationship of Parties
Personnel
Representations
Good Faith
Time of Essence
Costs
Publicity
Tax Compliance
Business Continuity
Exit Management
Financial Services
Management Consulting
Information Technology
Professional Services
Healthcare
Mining and Resources
Manufacturing
Retail
Education
Government and Public Sector
Energy and Utilities
Telecommunications
Agricultural
Real Estate
Non-Profit Organizations
Legal
Finance
Procurement
Compliance
Risk Management
Operations
Business Development
Human Resources
Commercial
Strategy
Project Management
Executive Leadership
Management Consultant
Financial Advisor
Strategy Consultant
Business Advisor
Technical Consultant
Legal Counsel
Procurement Manager
Chief Financial Officer
Chief Executive Officer
Operations Director
Project Manager
Risk Manager
Compliance Officer
Business Development Manager
Human Resources Director
Chief Operating Officer
Commercial Director
Contract Manager
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