This Evergreen Agreement template is designed for business relationships intended to continue indefinitely under South African law. It is particularly useful for ongoing service arrangements, supply relationships, or continuous business partnerships where parties wish to establish a long-term commitment without a fixed end date. The document incorporates necessary provisions to comply with South African legislation, including the Consumer Protection Act, Competition Act, and relevant common law principles. It includes mechanisms for price adjustments, service level monitoring, and termination rights, making it suitable for various commercial contexts while ensuring legal compliance. The agreement is structured to provide clarity on automatic renewal terms while protecting both parties' interests in a perpetual business relationship.
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1. Parties: Identification and details of the contracting parties, including registration numbers for companies
2. Background: Context of the agreement and intention of the parties
3. Definitions and Interpretation: Definitions of key terms and interpretation rules, including specific South African legal terms
4. Duration and Renewal: Terms regarding the initial term and automatic renewal provisions, compliant with CPA requirements
5. Scope of Services/Products: Detailed description of services or products covered by the agreement
6. Payment Terms: Pricing, payment schedule, and annual price adjustment mechanisms
7. Obligations of the Parties: Detailed responsibilities and obligations of each party
8. Service Levels: Performance standards and measurement criteria
9. Termination: Termination rights, notice periods, and consequences of termination
10. Intellectual Property: IP ownership, licenses, and usage rights
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: Compliance with POPIA and data privacy requirements
13. Limitation of Liability: Liability caps and exclusions compliant with South African law
14. Dispute Resolution: Dispute resolution procedures, including jurisdiction and governing law
15. Force Majeure: Events beyond reasonable control and their implications
16. General Provisions: Standard boilerplate clauses including notices, amendments, and entire agreement
1. Change Control: Include when services or products may need modification over time
2. Compliance with BEE Requirements: Include for agreements where BEE compliance is relevant
3. Insurance: Include when specific insurance requirements are necessary
4. Anti-corruption: Include for international agreements or high-value contracts
5. Personnel: Include when specific staff or key personnel are critical to the agreement
6. Security Requirements: Include when dealing with sensitive information or systems access
7. Environmental Compliance: Include when environmental impacts are relevant
8. Export Control: Include for international trade or technology transfer
9. Subcontracting: Include when subcontracting rights need to be addressed
1. Schedule 1 - Services/Products Specification: Detailed description of services or products, including technical specifications
2. Schedule 2 - Pricing and Payment Terms: Detailed pricing structure, payment schedules, and price adjustment mechanisms
3. Schedule 3 - Service Levels and KPIs: Detailed service level requirements and measurement criteria
4. Schedule 4 - Contact Details and Representatives: Key contact persons and authorized representatives for both parties
5. Schedule 5 - Technical Requirements: Technical specifications and requirements
6. Appendix A - Change Request Form: Standard form for requesting and documenting changes to services/products
7. Appendix B - Reporting Templates: Standard templates for required reports and notifications
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Professional Services
Manufacturing
Telecommunications
Financial Services
Healthcare
Retail
Energy
Logistics
Software and Technology
Consulting
Facilities Management
Business Process Outsourcing
Infrastructure Services
Marketing and Advertising
Relevant Teams
Legal
Procurement
Commercial
Operations
Finance
Risk and Compliance
Sales
Account Management
Service Delivery
Business Development
Contract Administration
Supply Chain
Relevant Roles
Legal Counsel
Contract Manager
Commercial Director
Procurement Manager
Business Development Manager
Operations Director
Chief Financial Officer
Risk Manager
Compliance Officer
Sales Director
Account Manager
Service Delivery Manager
General Manager
Chief Executive Officer
Vendor Manager
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