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Management And Administrative Services Agreement
"I need a Management and Administrative Services Agreement for my technology consulting firm to provide back-office support services to a group of retail companies in South Africa, with specific focus on data protection compliance and shared services arrangements across multiple locations."
1. Parties: Identification and details of the contracting parties - the service provider and the client
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules for interpretation
4. Appointment and Duration: Terms of appointment of the service provider and duration of the agreement, including commencement date
5. Scope of Services: Detailed description of management and administrative services to be provided
6. Service Provider's Obligations: Key responsibilities and duties of the service provider
7. Client's Obligations: Responsibilities and duties of the client, including provision of information and access
8. Fees and Payment Terms: Service fees, payment schedule, invoicing, and payment terms
9. Performance Standards: Expected service levels and quality standards
10. Confidentiality: Protection and handling of confidential information
11. Data Protection: Compliance with POPIA and data protection requirements
12. Intellectual Property: Ownership and usage rights of intellectual property
13. Personnel: Requirements and conditions regarding personnel providing the services
14. Reporting and Communication: Reporting requirements and communication protocols
15. Liability and Indemnity: Limitation of liability and indemnification provisions
16. Termination: Grounds and process for termination of the agreement
17. Post-Termination Obligations: Obligations of parties after termination
18. General Provisions: Standard legal provisions including notices, governing law, dispute resolution
1. B-BBEE Compliance: Section addressing B-BBEE requirements and commitments, required if parties need to maintain specific B-BBEE levels
2. Non-Solicitation: Restrictions on hiring each other's personnel, included when protecting against staff poaching is important
3. Force Majeure: Provisions for unforeseeable circumstances, important in long-term or high-risk agreements
4. Insurance: Insurance requirements and obligations, needed for high-risk services or when required by regulatory requirements
5. Anti-Corruption: Compliance with anti-corruption laws, important for international companies or public sector contracts
6. Service Credits: Performance-linked credit system, useful for agreements with strict service level requirements
7. Change Control: Process for managing changes to services or agreement terms, important for complex or long-term agreements
8. Disaster Recovery: Business continuity and disaster recovery provisions, important for critical services
1. Schedule 1 - Scope of Services: Detailed breakdown of all management and administrative services to be provided
2. Schedule 2 - Fee Schedule: Detailed fee structure, rates, and payment terms
3. Schedule 3 - Service Levels: Specific service level requirements and measurement criteria
4. Schedule 4 - Key Personnel: List of key personnel and their roles in service delivery
5. Schedule 5 - Reports and Documentation: List of required reports and documentation with templates
6. Schedule 6 - Client Facilities and Resources: Details of facilities and resources to be provided by the client
7. Appendix A - Data Processing Agreement: Detailed terms for processing personal information under POPIA
8. Appendix B - Service Provider Policies: Relevant policies and procedures of the service provider
Authors
Financial Services
Professional Services
Manufacturing
Retail
Technology
Healthcare
Mining
Construction
Education
Telecommunications
Real Estate
Hospitality
Logistics
Energy
Agriculture
Legal
Operations
Finance
Human Resources
Compliance
Risk Management
Procurement
Administration
Project Management
Business Development
Corporate Services
Contract Management
Chief Executive Officer
Chief Operating Officer
Managing Director
Operations Manager
Business Development Manager
Contract Manager
Legal Counsel
Compliance Officer
Financial Manager
Administrative Manager
Human Resources Director
Project Manager
Service Delivery Manager
Risk Manager
Company Secretary
General Manager
Procurement Manager
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