Outsourcing Agreement for South Africa

Outsourcing Agreement Template for South Africa

A comprehensive legal agreement governed by South African law that establishes the terms and conditions for outsourcing services between a service provider and a customer. The agreement incorporates key South African legislative requirements including POPIA compliance, B-BBEE considerations, and labor law provisions. It details service levels, performance metrics, pricing structures, governance frameworks, and risk allocation while ensuring compliance with local regulatory requirements and industry standards. The document provides robust protection for both parties while facilitating effective service delivery and operational management.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Outsourcing Agreement

Let Genie AI's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
Upload your Doc

What is a Outsourcing Agreement?

The Outsourcing Agreement is a critical document used when a business (the customer) wants to delegate specific functions or operations to an external service provider in South Africa. This comprehensive agreement is essential for protecting both parties' interests while ensuring compliance with South African legislation, including the Protection of Personal Information Act (POPIA), Labour Relations Act, and B-BBEE requirements. It is particularly relevant in today's business environment where organizations increasingly focus on core competencies while outsourcing support functions. The agreement covers all aspects of the outsourcing relationship, from service delivery and performance management to risk allocation and governance structures, while incorporating necessary safeguards for data protection, intellectual property, and confidentiality. It should be customized based on the specific services being outsourced, industry requirements, and the scale of the outsourcing arrangement.

What sections should be included in a Outsourcing Agreement?

1. Parties: Details of the service provider and customer, including registration numbers and addresses

2. Background: Context of the agreement, current situation, and objectives of the outsourcing arrangement

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Appointment and Scope: Formal appointment of service provider and high-level scope of services

5. Duration and Termination: Contract term, renewal provisions, and termination rights

6. Service Provider Obligations: Core obligations, service standards, and compliance requirements

7. Customer Obligations: Customer responsibilities, inputs required, and cooperation obligations

8. Personnel: Requirements for service provider staff, key personnel, and security clearance

9. Charges and Payment: Pricing, payment terms, invoicing, and price adjustment mechanisms

10. Service Levels and Performance: Performance standards, measurement, and remedies for poor performance

11. Governance and Reporting: Management structure, meetings, reporting requirements, and escalation procedures

12. Intellectual Property: IP ownership, licenses, and rights in deliverables

13. Confidentiality: Protection of confidential information and trade secrets

14. Data Protection: POPIA compliance and data processing obligations

15. Risk and Insurance: Risk allocation and required insurance coverage

16. Liability and Indemnities: Limitation of liability, indemnities, and exclusions

17. B-BBEE and Transformation: B-BBEE commitments and transformation requirements

18. General Provisions: Standard boilerplate clauses including notices, assignment, and dispute resolution

What sections are optional to include in a Outsourcing Agreement?

1. Transition and Implementation: Used for complex services requiring detailed transition planning and implementation phases

2. Business Continuity: Required for critical services where business continuity planning is essential

3. Step-in Rights: Include for critical services where customer may need to take over operations

4. Anti-corruption: Detailed section needed for multinational companies or public sector contracts

5. Export Control: Required when services involve cross-border technology or data transfers

6. Source Code Escrow: Include when custom software development is part of services

7. Parent Company Guarantee: Used when service provider's financial strength needs additional backing

8. Change Control: Detailed procedures for complex services likely to require regular changes

What schedules should be included in a Outsourcing Agreement?

1. Schedule 1 - Services Description: Detailed description of services, deliverables, and technical requirements

2. Schedule 2 - Service Levels: Detailed service levels, measurement methods, and service credits

3. Schedule 3 - Charges: Detailed pricing, rate cards, and payment mechanisms

4. Schedule 4 - Customer Dependencies: Detailed customer obligations and requirements

5. Schedule 5 - Governance Procedures: Detailed governance structure, roles, and meeting schedule

6. Schedule 6 - Key Personnel: Names and roles of key personnel from both parties

7. Schedule 7 - Technology and Equipment: Details of technology, systems, and equipment to be used

8. Schedule 8 - Data Processing Agreement: POPIA-compliant data processing terms and requirements

9. Schedule 9 - Transition Plan: Detailed transition milestones, timelines, and responsibilities

10. Schedule 10 - Exit Plan: Termination assistance and service transfer requirements

11. Schedule 11 - Business Continuity Plan: Disaster recovery and business continuity procedures

12. Schedule 12 - Security Requirements: Information security and physical security requirements

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

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Business Process Outsourcing

Manufacturing

Financial Services

Healthcare

Retail

Telecommunications

Mining

Energy

Professional Services

Logistics and Supply Chain

Public Sector

Relevant Teams

Legal

Procurement

Operations

Finance

Information Technology

Risk and Compliance

Human Resources

Project Management Office

Commercial

Service Delivery

Vendor Management

Business Development

Strategy

Relevant Roles

Chief Executive Officer

Chief Operating Officer

Chief Financial Officer

Chief Information Officer

Head of Procurement

Head of Legal

Commercial Director

Operations Director

Procurement Manager

Contract Manager

Legal Counsel

Risk Manager

Compliance Officer

Project Manager

Service Delivery Manager

Vendor Manager

Operations Manager

Finance Manager

IT Manager

Human Resources Director

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

Find the exact document you need

Common Agreement

A standard contractual framework under South African law that establishes fundamental terms and conditions for business relationships.

find out more

Bilateral Contract

A South African law-compliant bilateral contract establishing mutual obligations between two parties with enforceable terms and conditions.

find out more

Basic Ordering Agreement

A South African law-governed framework agreement establishing terms and conditions for future orders between parties.

find out more

Consignment Agreement Form

A South African legal document establishing terms for consignment sales arrangements, where goods ownership remains with the supplier until final sale.

find out more

Contract Agreement Form

A versatile Contract Agreement Form template compliant with South African law, suitable for various commercial relationships and business arrangements.

find out more

Written Agreement

A formal legal document governed by South African law that establishes contractual relationships between parties, defining their rights and obligations.

find out more

Side Agreement

A South African law-governed supplementary agreement that modifies or adds to an existing main agreement while maintaining its core structure.

find out more

Incorporation Agreement

A South African law-governed agreement establishing a new company's structure, governance, and shareholder relationships under the Companies Act 71 of 2008.

find out more

Formal Agreement

A legally binding agreement governed by South African law that formalizes relationships between parties, ensuring compliance with local legislation and establishing clear terms and obligations.

find out more

Casual Worker Contract

A South African-compliant casual worker employment contract establishing terms and conditions for temporary employment relationships.

find out more

Business Transfer Agreement

A South African law-governed agreement for the transfer of a business as a going concern, including assets, employees, and liabilities.

find out more

Boilerplate Agreement

A standard agreement template compliant with South African law, providing essential contractual framework for business relationships.

find out more

Amended Contract

A South African law-governed document that formally modifies terms and conditions of an existing contract while maintaining its validity.

find out more

Tooling Agreement

A South African law-governed agreement establishing terms for industrial tool design, manufacture, supply, and maintenance, compliant with local manufacturing and safety regulations.

find out more

Service Agreement Terms And Conditions

South African service agreement terms and conditions document establishing the legal framework for service provision between providers and clients.

find out more

Representation Agreement

A South African law-governed agreement establishing the terms and conditions under which a Representative may act on behalf of a Principal.

find out more

Common Terms Agreement

A master agreement under South African law that establishes common terms across multiple facility agreements in syndicated lending arrangements.

find out more

Buyer Agency Agreement

A South African legal agreement establishing an estate agent's authority to represent a buyer in property transactions, governed by local real estate laws.

find out more

Labour Contract Copy

A South African employment agreement establishing terms and conditions of employment in compliance with local labor laws.

find out more

Employee Agreement Form

A South African law-compliant employment agreement establishing terms and conditions between employer and employee.

find out more

Statement Of Agreement

A formal document under South African law recording mutual understanding and agreed terms between parties, serving as a binding record of arrangements and commitments.

find out more

Rent In Exchange For Services Agreement

A South African law-governed agreement establishing terms for accommodation provided in exchange for specified services.

find out more

Contractual Agreement

A legally binding Contractual Agreement template compliant with South African law and commercial practices.

find out more

Security Agreement Form

A South African law-governed agreement creating security interests over assets, detailing the security arrangements and enforcement rights between a security provider and secured party.

find out more

Business Cooperation Agreement

A South African law-governed agreement establishing terms and conditions for business collaboration between multiple parties.

find out more

Employee Training Reimbursement Agreement

A South African law-compliant agreement setting out terms for employer-funded training and employee reimbursement obligations.

find out more

Terms Of Business Agreement

A South African law-governed agreement establishing core business terms and conditions between service providers and clients.

find out more

Contract Of Indemnity And Guarantee

A South African law-governed agreement establishing guarantee and indemnity obligations, defining terms for financial security and risk mitigation between parties.

find out more

Intent To Purchase Agreement

A South African legal document expressing formal intention to purchase property or assets, outlining preliminary terms and conditions for the proposed transaction.

find out more

Professional Services Retainer Agreement

A South African law-governed agreement establishing terms for ongoing professional services delivery under a retainer arrangement.

find out more

Supply Contract Form

A South African law-governed agreement establishing terms and conditions for the regular supply of goods or services between supplier and purchaser.

find out more

Business Contract

South African business contract template incorporating key legislative requirements and commercial terms for business-to-business relationships.

find out more

Umbrella Agreement

A South African law-governed master agreement establishing framework terms for future specific agreements between parties.

find out more

Share Purchase Agreement

A South African law-governed agreement documenting the terms and conditions for the sale and purchase of shares in a company.

find out more

Professional Services Contract

A South African law-governed agreement establishing terms and conditions for professional services delivery between a service provider and client.

find out more

Consulting Services Agreement

South African law-governed agreement establishing terms and conditions for consulting services provision, including scope, payments, and compliance requirements.

find out more

Buyer Representation Agreement

A South African law-compliant agreement establishing professional representation between a property buyer and real estate agent, outlining services, duties, and compensation terms.

find out more

Master Service Agreement

A South African law-governed framework agreement establishing core terms for ongoing service delivery relationships between service providers and clients.

find out more

Yearly Contract Agreement

A one-year contractual agreement compliant with South African law, establishing terms, conditions, and obligations between parties.

find out more

White Label Agreement

A South African law-governed agreement enabling one party to rebrand and market another party's products/services under their own brand, with defined terms for licensing, operations, and compliance.

find out more
See more related templates

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it

2 Docs LeftAccess Now