The Intercompany Shared Services Agreement is essential for South African corporate groups looking to optimize operations through centralized service delivery models. It is typically used when a company within a group provides shared services such as IT, HR, accounting, or administrative support to other group entities. The agreement must comply with South African legislative requirements, particularly regarding corporate governance, transfer pricing, and data protection. This document type is crucial for establishing clear service expectations, pricing mechanisms, and operational frameworks while ensuring regulatory compliance. It includes detailed provisions for service delivery, performance standards, cost allocation, and risk management, tailored to the South African business and legal context. The agreement is particularly relevant in the context of group restructuring, operational efficiency initiatives, or establishment of shared service centers.
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1. Parties: Identification of the service provider and recipient companies, including registration details and addresses
2. Background: Context of the agreement, relationship between the parties, and purpose of the shared services arrangement
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Services: Description of the shared services to be provided, including scope and service levels
5. Service Provider Obligations: Key responsibilities and commitments of the service provider company
6. Service Recipient Obligations: Key responsibilities and commitments of the service recipient company
7. Charges and Payment Terms: Pricing methodology, payment terms, invoicing procedures, and cost allocation principles
8. Performance Standards: Service levels, quality standards, and performance metrics
9. Intellectual Property Rights: Ownership and usage rights of IP in relation to the services
10. Confidentiality: Protection and handling of confidential information between parties
11. Data Protection: Compliance with POPIA and data protection requirements
12. Term and Termination: Duration of the agreement and termination provisions
13. Liability and Indemnification: Allocation of risks and limitations of liability
14. Force Majeure: Provisions for unforeseen circumstances affecting service delivery
15. Dispute Resolution: Procedures for resolving disputes between the parties
16. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Staff and Resources: Details of personnel arrangements and resource allocation, used when staff transfers or secondments are involved
2. Regulatory Compliance: Specific regulatory obligations, required when services are in regulated sectors
3. Business Continuity: Disaster recovery and business continuity provisions, important for critical services
4. Audit Rights: Rights of audit and inspection, particularly relevant for financial or regulated services
5. Technology and Systems: IT systems and technology requirements, needed when services are technology-dependent
6. Transfer Pricing Compliance: Specific provisions ensuring compliance with transfer pricing regulations, required for international group structures
7. Insurance: Insurance requirements and obligations, important for high-risk services
8. Exit Management: Detailed exit provisions and transition assistance, crucial for complex service arrangements
1. Schedule 1 - Service Descriptions: Detailed descriptions of each service to be provided
2. Schedule 2 - Service Levels: Specific service level requirements and performance indicators
3. Schedule 3 - Charges: Detailed pricing structure, rates, and cost allocation methodology
4. Schedule 4 - Key Personnel: List of key personnel involved in service delivery
5. Schedule 5 - Governance and Reporting: Governance structure, meeting schedules, and reporting requirements
6. Schedule 6 - Technical Requirements: Technical specifications and systems requirements
7. Schedule 7 - POPIA Compliance: Detailed data protection and privacy requirements
8. Appendix A - Service Request Form: Template for requesting new or modified services
9. Appendix B - Performance Report Template: Standard format for service performance reporting
10. Appendix C - Rate Card: Detailed breakdown of rates for different service categories
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