The Master Fee Agreement serves as the foundational document governing the commercial relationship between service providers and their clients in South Africa. This agreement type is particularly useful when establishing long-term service arrangements where regular fees will be charged, such as professional services, consulting, or ongoing technical support. The Master Fee Agreement encompasses all essential elements of the service relationship, including detailed fee structures, service levels, and operational procedures, while ensuring compliance with South African legal requirements. It is designed to provide a flexible framework that can accommodate various service types through its schedules, while maintaining consistent general terms in the main body of the agreement. The document typically includes provisions for fee adjustments, service modifications, and dispute resolution mechanisms, making it suitable for evolving business relationships.
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1. Parties: Identifies the contracting parties with their full legal names, registration numbers, and addresses
2. Background: Sets out the context of the agreement and the parties' intentions
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Appointment and Scope: Establishes the basic relationship and general scope of services to be provided
5. Duration: Specifies the term of the agreement, including commencement date and renewal provisions
6. Fees and Payment Terms: Details the fee structure, calculation methods, and payment obligations
7. Invoicing and Payment: Specifies invoicing procedures, payment timelines, and handling of disputed invoices
8. Service Standards: Establishes the expected quality and standards of service delivery
9. Obligations of the Parties: Lists the key responsibilities and obligations of each party
10. Representations and Warranties: Contains basic warranties about capacity to contract and service delivery
11. Confidentiality: Protects confidential information exchanged during the relationship
12. Intellectual Property: Addresses ownership and usage rights of intellectual property
13. Limitation of Liability: Sets out liability caps and exclusions
14. Termination: Details circumstances under which the agreement can be terminated and the consequences
15. General/Boilerplate Clauses: Standard legal provisions including notices, governing law, etc.
1. Change Control: Include when services or fees may need to be modified during the term
2. Service Level Agreement: Include for complex service arrangements requiring specific performance metrics
3. Data Protection: Include when personal data will be processed under the agreement
4. Anti-Bribery and Corruption: Include for high-value contracts or when dealing with public sector
5. Force Majeure: Include when service delivery could be impacted by events beyond parties' control
6. Insurance: Include when specific insurance coverage is required
7. Audit Rights: Include when one party needs rights to audit the other's performance or records
8. B-BBEE Provisions: Include when B-BBEE status is relevant to the commercial relationship
9. Step-In Rights: Include for critical services requiring continuity assurance
1. Schedule 1 - Services Description: Detailed description of services to be provided
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and calculation methodologies
3. Schedule 3 - Service Levels: Specific service level requirements and measurement criteria
4. Schedule 4 - Key Personnel: List of key personnel responsible for service delivery
5. Schedule 5 - Escalation Procedures: Process for escalating issues and disputes
6. Schedule 6 - Change Control Procedure: Detailed process for implementing changes to services or fees
7. Appendix A - Standard Operating Procedures: Detailed operational procedures for service delivery
8. Appendix B - Report Templates: Templates for required reporting under the agreement
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Professional Services
Technology
Consulting
Legal Services
Accounting Services
Investment Management
Information Technology
Business Process Outsourcing
Healthcare
Education
Manufacturing
Mining
Telecommunications
Real Estate
Relevant Teams
Legal
Finance
Procurement
Commercial
Operations
Risk and Compliance
Business Development
Account Management
Service Delivery
Contract Administration
Relevant Roles
Chief Financial Officer
Financial Director
Legal Counsel
Commercial Director
Procurement Manager
Contract Manager
Business Development Manager
Operations Director
Risk Manager
Compliance Officer
Project Manager
Account Manager
Service Delivery Manager
Finance Manager
Managing Director
Chief Executive Officer
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