Advisory Services Agreement for South Africa

Advisory Services Agreement Template for South Africa

A comprehensive legal agreement governed by South African law that establishes and regulates the professional relationship between an advisor (either individual or firm) and their client. The agreement details the scope of advisory services, terms of engagement, compensation structure, and respective obligations of both parties while ensuring compliance with relevant South African legislation including the Companies Act, Consumer Protection Act, and where applicable, the Financial Advisory and Intermediary Services (FAIS) Act. It includes provisions for confidentiality, intellectual property rights, liability limitations, and dispute resolution mechanisms specific to the South African legal context.

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What is a Advisory Services Agreement?

The Advisory Services Agreement is a crucial legal document used in South Africa when establishing professional advisory relationships between consultants or consulting firms and their clients. This agreement is essential for protecting both parties' interests while ensuring compliance with South African legislation, including the Companies Act, Consumer Protection Act, and where relevant, the FAIS Act. It is particularly important when providing specialized advice, strategic guidance, or professional recommendations across various sectors. The document typically includes detailed provisions on service scope, fees, confidentiality, intellectual property rights, and professional standards, while incorporating necessary safeguards and compliance measures specific to the South African business environment. This agreement type is commonly used for both short-term advisory projects and ongoing consulting relationships, providing a clear framework for professional service delivery and risk management.

What sections should be included in a Advisory Services Agreement?

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

What sections are optional to include in a Advisory Services Agreement?

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

What schedules should be included in a Advisory Services Agreement?

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

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

Jurisdiction

South Africa

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

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

Relevant Teams

Legal

Finance

Procurement

Compliance

Risk Management

Operations

Business Development

Human Resources

Commercial

Strategy

Project Management

Executive Leadership

Relevant Roles

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

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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