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1. Parties: Identifies the contracting parties with their full legal names, registration numbers, and addresses
2. Background: Sets out the context of the agreement and general purpose of the service relationship
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Appointment and Scope of Services: Establishes the formal appointment and outlines the general scope of services
5. Duration and Termination: Specifies the term of the agreement and circumstances for termination
6. Service Provider Obligations: Details the core obligations, service standards, and responsibilities of the service provider
7. Client Obligations: Outlines the client's responsibilities and obligations to enable service delivery
8. Fees and Payment Terms: Specifies the fees, payment schedule, invoicing requirements, and payment methods
9. Intellectual Property Rights: Addresses ownership and usage rights of intellectual property
10. Confidentiality: Defines confidential information and establishes protection obligations
11. Data Protection: Ensures POPIA compliance and establishes data handling requirements
12. Limitation of Liability: Sets out liability limitations and exclusions
13. General Provisions: Contains standard legal provisions including notices, governing law, and dispute resolution
1. Service Level Agreement: Include when specific performance metrics and standards need to be measured and enforced
2. Change Control: Include for complex services where scope changes are likely to be needed
3. Staff and Subcontractors: Include when service provider will use key personnel or subcontractors
4. Insurance: Include when specific insurance requirements need to be maintained
5. Non-Competition: Include when restricting service provider from competing activities
6. B-BBEE Compliance: Include when B-BBEE status is relevant to the relationship
7. Audit Rights: Include when client needs rights to audit service provider's performance or records
8. Business Continuity: Include for critical services requiring disaster recovery planning
9. Anti-Corruption: Include when services involve public sector or high-risk activities
1. Schedule 1: Scope of Services: Detailed description of services, deliverables, and technical requirements
2. Schedule 2: Fee Schedule: Detailed breakdown of fees, rates, and pricing mechanisms
3. Schedule 3: Service Levels: Specific performance metrics, measurement methods, and penalties
4. Schedule 4: Key Personnel: Details of key staff members assigned to provide services
5. Schedule 5: Technical Requirements: Technical specifications, systems requirements, or standards to be met
6. Appendix A: Data Processing Terms: Detailed terms for handling personal information under POPIA
7. Appendix B: Change Request Form: Standard form for requesting and documenting changes to services
Applicable Laws
Business Day
Change Request
Charges
Client
Client Data
Client Materials
Commencement Date
Confidential Information
Deliverables
Effective Date
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Personnel
Notice
Parties
Personal Information
Personnel
POPIA
Services
Service Levels
Service Provider
Scope of Services
Specifications
Subcontractor
Term
Termination Date
VAT
Working Hours
Service Location
Material Breach
Affiliate
Authorised Representative
Background IP
Commercially Reasonable Efforts
Completion Criteria
Dispute
Emergency
Fee Schedule
Implementation Plan
Indemnified Party
Losses
Performance Standards
Project
Records
Related Parties
Reports
Security Requirements
Service Credits
Service Failure
Special Terms
Termination Notice
Third Party
Work Product
Scope of Services
Duration
Service Provider Obligations
Client Obligations
Fees and Payment
Service Levels
Performance Standards
Key Personnel
Subcontracting
Intellectual Property
Confidentiality
Data Protection
POPIA Compliance
Warranties
Indemnification
Limitation of Liability
Insurance
Force Majeure
Termination
Change Control
Dispute Resolution
Governing Law
Assignment
Entire Agreement
Severability
Notices
Relationship of Parties
Non-Solicitation
Anti-Corruption
B-BBEE Compliance
Audit Rights
Record Keeping
Business Continuity
Health and Safety
Environmental Compliance
Variation
Waiver
Competition
Tax Compliance
Electronic Communications
Information Technology
Professional Services
Financial Services
Manufacturing
Healthcare
Construction
Education
Telecommunications
Retail
Mining
Energy
Transportation
Agriculture
Real Estate
Media and Entertainment
Legal
Procurement
Operations
Finance
Risk and Compliance
Commercial
Supply Chain
Business Development
Project Management
Human Resources
Information Technology
Administrative
Chief Executive Officer
Chief Financial Officer
Chief Operating Officer
Legal Counsel
Procurement Manager
Contract Manager
Operations Manager
Project Manager
Risk Manager
Compliance Officer
Finance Director
Commercial Director
Business Development Manager
Department Head
General Manager
Supply Chain Manager
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