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Consulting Fee Agreement Template for South Africa

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Key Requirements PROMPT example:

Consulting Fee Agreement

"I need a Consulting Fee Agreement for an IT security consultant who will be working with sensitive data for our financial services company starting March 2025, with specific focus on data protection and confidentiality provisions."

Document background
The Consulting Fee Agreement is a crucial legal document used in South Africa to formalize professional consulting arrangements between service providers and clients. It is essential for both individual consultants and consulting firms who provide professional services across various sectors. This agreement ensures compliance with South African legal requirements, including the Income Tax Act, VAT regulations, and labor laws that distinguish independent contractors from employees. The document typically includes detailed provisions for scope of work, fee structures, payment terms, confidentiality, intellectual property rights, and professional obligations. It serves as a protective mechanism for both parties by clearly defining expectations, deliverables, and risk allocation while maintaining alignment with South African commercial law principles.
Suggested Sections

1. Parties: Identification and details of the consultant and the client, including registration numbers for companies or ID numbers for individuals

2. Background: Context of the agreement and brief description of why the parties are entering into this consulting arrangement

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Scope: Formal appointment of consultant and detailed description of consulting services to be provided

5. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

6. Fees and Payment Terms: Consulting fees, payment schedule, expenses, and invoicing procedures

7. Obligations of the Consultant: Key responsibilities, deliverables, and performance standards expected from the consultant

8. Obligations of the Client: Client's responsibilities including providing necessary information and access

9. Intellectual Property: Ownership and rights to intellectual property created during the consulting engagement

10. Confidentiality: Protection of confidential information shared during the engagement

11. Independent Contractor Status: Clear statement of consultant's status as independent contractor, not employee

12. Limitation of Liability: Extent and limitations of consultant's liability for services provided

13. General Provisions: Standard legal provisions including governing law, notices, and entire agreement

Optional Sections

1. Non-Compete: Restrictions on consultant's ability to work with competitors, include when protecting market position is crucial

2. Data Protection: POPIA compliance provisions, include when personal information will be processed

3. Force Majeure: Provisions for unforeseeable circumstances, particularly relevant post-COVID

4. Anti-Corruption: Specific anti-corruption provisions, essential for public sector or regulated industry consulting

5. Insurance: Insurance requirements for consultant, include for high-risk or high-value consulting

6. Dispute Resolution: Detailed dispute resolution procedures, include for complex or high-value engagements

7. Assignment and Subcontracting: Rights to assign or subcontract services, include when flexibility might be needed

8. Performance Metrics: Specific KPIs and performance measurement criteria, include for results-based consulting

Suggested Schedules

1. Schedule A - Scope of Services: Detailed description of consulting services, deliverables, and timelines

2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones

3. Schedule C - Key Personnel: List of key consultant personnel assigned to the project

4. Schedule D - Client Materials: List of materials, information, and resources to be provided by client

5. Appendix 1 - Service Level Agreement: Specific performance standards and service levels if applicable

6. Appendix 2 - Compliance Requirements: Industry-specific compliance requirements or standards

7. Appendix 3 - Report Templates: Standard templates for reporting and documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

































Clauses




































Relevant Industries

Professional Services

Information Technology

Financial Services

Healthcare

Manufacturing

Mining

Education

Government

Non-Profit

Engineering

Construction

Management Consulting

Environmental Services

Telecommunications

Legal Services

Relevant Teams

Legal

Procurement

Finance

Human Resources

Operations

Project Management

Risk and Compliance

Business Development

Contract Administration

Executive Leadership

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Procurement Manager

Project Manager

Human Resources Director

Operations Manager

Business Development Manager

Department Head

Finance Manager

Contract Administrator

Risk Manager

Compliance Officer

Management Consultant

Independent Contractor

Professional Service Provider

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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