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Client Engagement Agreement
"I need a Client Engagement Agreement for my IT consulting firm in South Africa, focusing on data protection compliance and including specific provisions for remote service delivery and cloud-based solutions, with service level agreements for response times."
1. Parties: Identification of the service provider and client with full legal names and registration details
2. Background: Context of the engagement and brief description of the parties' intention to enter into a professional relationship
3. Definitions and Interpretation: Key terms used throughout the agreement and rules for interpreting the agreement
4. Scope of Services: Detailed description of services to be provided and any specific exclusions
5. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
6. Fees and Payment Terms: Payment structure, rates, invoicing schedule, and payment methods
7. Service Provider's Obligations: Key responsibilities and commitments of the service provider
8. Client's Obligations: Key responsibilities and commitments of the client
9. Confidentiality: Provisions for handling confidential information and trade secrets
10. Data Protection: POPIA compliance measures and data handling procedures
11. Intellectual Property: Ownership and usage rights of existing and created intellectual property
12. Limitation of Liability: Extent and limitations of service provider's liability
13. Force Majeure: Provisions for handling events beyond reasonable control
14. Dispute Resolution: Process for resolving disputes between parties
15. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Anti-Corruption and Sanctions: Required when dealing with international clients or regulated industries
2. B-BBEE Provisions: Required when engaging with government entities or corporations requiring B-BBEE compliance
3. Insurance: Detailed insurance requirements when services involve significant risks or regulatory requirements
4. Service Levels: Include when specific performance metrics and standards need to be maintained
5. Subcontracting: Include when service provider may need to engage subcontractors
6. Change Control: Include for long-term or complex engagements where scope changes are likely
7. Client Equipment and Access: Include when service provider needs to use client's facilities or systems
8. Staff and Key Personnel: Include when specific individuals are critical to service delivery
9. Non-Solicitation: Include to prevent hiring of each other's employees
10. Compliance with Laws: Detailed section required for regulated industries or specific compliance requirements
1. Schedule 1 - Scope of Services: Detailed description of services, deliverables, and methodologies
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Service Levels: Performance metrics, reporting requirements, and remedies
4. Schedule 4 - Key Personnel: List of key team members and their roles
5. Schedule 5 - Data Processing Terms: Detailed POPIA compliance measures and data handling procedures
6. Appendix A - Client Policies: Relevant client policies that service provider must comply with
7. Appendix B - Change Request Template: Standard form for requesting and documenting changes to services
8. Appendix C - Required Insurance Coverage: Details of insurance types and coverage levels required
Authors
Professional Services
Consulting
Legal Services
Financial Services
Information Technology
Management Consulting
Engineering Services
Accounting Services
Marketing Services
Business Advisory
Healthcare Services
Education and Training
Research and Development
Project Management
Digital Services
Legal
Business Development
Sales
Operations
Compliance
Risk Management
Client Relations
Service Delivery
Contract Administration
Account Management
Project Management Office
Finance
Customer Success
Professional Services
Business Operations
Managing Director
Legal Counsel
Contract Manager
Business Development Manager
Project Manager
Account Executive
Consultant
Partner
Chief Executive Officer
Operations Manager
Compliance Officer
Risk Manager
Sales Director
Client Relations Manager
Service Delivery Manager
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