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Master Client Agreement
"Need a Master Client Agreement for our South African IT consulting firm that provides cloud services and cybersecurity solutions to enterprise clients, with special focus on data protection and service level commitments."
1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and business relationship
3. Definitions and Interpretation: Defined terms and rules of interpretation
4. Term and Commencement: Duration of the agreement and effective date
5. Services Framework: Overview of services to be provided under the agreement
6. Ordering Process: Procedure for requesting and confirming specific services
7. Fees and Payment: Payment terms, invoicing, and fee calculation principles
8. Service Levels: General principles for service performance standards
9. Intellectual Property Rights: Ownership and usage rights of IP
10. Confidentiality: Protection of confidential information
11. Data Protection: POPIA compliance and data handling requirements
12. Risk and Insurance: Risk allocation and required insurance coverage
13. Limitation of Liability: Liability caps and exclusions
14. Termination: Termination rights and processes
15. Post-Termination: Obligations surviving termination
16. Dispute Resolution: Process for resolving disputes
17. General Provisions: Standard boilerplate clauses
1. Anti-Bribery and Corruption: Required if parties operate in high-risk sectors or with government entities
2. Change Control: Include for complex service relationships requiring formal change management
3. Force Majeure: Important for service-heavy agreements where performance might be affected by external events
4. Business Continuity: Required for critical services or regulated industries
5. Audit Rights: Include when compliance verification or financial audits may be necessary
6. Marketing Rights: Include if parties want to use each other's names/logos for marketing
7. Non-Solicitation: Include to prevent poaching of staff
8. BEE Compliance: Required if BEE status is important to the relationship
9. Environmental Compliance: Include for environmentally sensitive services or industries
1. Schedule 1 - Service Descriptions: Detailed descriptions of available services
2. Schedule 2 - Pricing and Fee Structure: Detailed pricing, rates, and payment terms
3. Schedule 3 - Service Levels and KPIs: Specific service level metrics and measurement
4. Schedule 4 - Technical Requirements: Technical specifications and requirements
5. Schedule 5 - Data Processing Terms: Detailed POPIA compliance requirements
6. Schedule 6 - Approved Subcontractors: List of approved third-party service providers
7. Schedule 7 - Contact Details: Key contacts and escalation procedures
8. Schedule 8 - Form of Statement of Work: Template for specific service orders
9. Appendix A - Information Security Requirements: Security standards and protocols
10. Appendix B - Business Continuity Requirements: Disaster recovery and business continuity specifications
Authors
Information Technology
Professional Services
Financial Services
Telecommunications
Manufacturing
Consulting
Healthcare
Retail
Construction
Mining
Energy
Legal Services
Business Process Outsourcing
Logistics and Transportation
Education and Training
Legal
Commercial
Procurement
Sales
Business Development
Finance
Risk and Compliance
Operations
Account Management
Executive Leadership
Chief Executive Officer
Chief Legal Officer
Legal Director
Commercial Director
Contract Manager
Procurement Manager
Business Development Manager
Account Executive
Sales Director
Chief Financial Officer
Risk Manager
Compliance Officer
Operations Director
Project Manager
General Counsel
Legal Counsel
Company Secretary
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