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Management Services Agreement

Management Services Agreement Template for South Africa

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Key Requirements PROMPT example:

Management Services Agreement

"I need a Management Services Agreement for my IT consulting company to provide strategic management and operational oversight services to a mid-sized manufacturing company in Johannesburg, with specific focus on B-BBEE compliance and data protection requirements."

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Document background
The Management Services Agreement is a critical legal document used when one company provides management expertise, oversight, or administrative services to another organization in South Africa. This agreement is particularly relevant when businesses seek external management expertise without creating employment relationships, or when group companies provide management services to subsidiaries or affiliates. The document addresses key aspects required under South African law, including Companies Act compliance, POPIA requirements, and B-BBEE considerations. It outlines service scope, performance metrics, fee structures, and risk allocation, while ensuring alignment with South African corporate governance principles and regulatory requirements.
Suggested Sections

1. Parties: Identification and details of the service provider and client company

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Appointment and Scope of Services: Formal appointment clause and detailed description of management services to be provided

5. Duration and Termination: Term of the agreement, renewal provisions, and termination circumstances

6. Service Provider's Obligations: Detailed 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: Management fee structure, payment terms, expenses, and invoicing procedures

9. Performance Standards: Service levels, quality standards, and performance metrics

10. Confidentiality: Protection of confidential information and trade secrets

11. Intellectual Property: Ownership and usage rights of IP created during service provision

12. Data Protection: POPIA compliance and data handling requirements

13. Liability and Indemnification: Limitation of liability and indemnification provisions

14. Force Majeure: Provisions for unforeseen circumstances affecting performance

15. Dispute Resolution: Process for resolving disputes between parties

16. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

Optional Sections

1. Non-Competition: Restrictions on service provider's ability to work with competitors, used when sensitive competitive information is involved

2. B-BBEE Compliance: Specific provisions regarding B-BBEE requirements, used when relevant to the client's compliance needs

3. Key Personnel: Identification of specific individuals responsible for service delivery, used when continuity of personnel is important

4. Insurance: Specific insurance requirements, used when service provider needs particular coverage

5. Change Control: Process for managing changes to services, used in complex or long-term arrangements

6. Exit Management: Detailed transition provisions, used when service continuity is critical

7. Anti-Corruption: Specific anti-corruption provisions, used when dealing with public sector or high-risk industries

8. Environmental, Social and Governance (ESG): ESG compliance requirements, used when client has specific sustainability commitments

Suggested Schedules

1. Schedule 1 - Services Description: Detailed specification of management services to be provided

2. Schedule 2 - Fee Structure: Detailed breakdown of fees, rates, and payment calculations

3. Schedule 3 - Service Levels: Specific performance metrics and service level requirements

4. Schedule 4 - Key Personnel: Details of key team members and their roles

5. Schedule 5 - Client Policies: Relevant client policies that service provider must comply with

6. Appendix A - Reporting Requirements: Templates and specifications for required reports

7. Appendix B - Contact Details: Contact information for key representatives of both parties

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions




























Clauses






























Relevant Industries

Professional Services

Business Consulting

Financial Services

Information Technology

Manufacturing

Mining

Healthcare

Real Estate

Retail

Education

Telecommunications

Energy

Relevant Teams

Legal

Operations

Finance

Compliance

Risk Management

Corporate Governance

Commercial

Business Development

Project Management

Procurement

Relevant Roles

Chief Executive Officer

Managing Director

Chief Operating Officer

Chief Financial Officer

Legal Counsel

Corporate Lawyer

Compliance Officer

Operations Manager

Contract Manager

Business Development Manager

Project Manager

Risk Manager

Company Secretary

Commercial Director

General Manager

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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