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Master Relationship Agreement
"I need a Master Relationship Agreement for a South African IT services provider that will be delivering cloud hosting and cybersecurity services to multiple group companies, with specific focus on POPIA compliance and data protection requirements."
1. Parties: Identification of the contracting parties, including registration numbers and registered addresses
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions and Interpretation: Defined terms, interpretation rules, and hierarchy of documents
4. Term and Termination: Duration of the agreement, renewal provisions, and termination rights
5. Relationship Structure: Framework for how parties will work together and mechanism for adding services
6. Ordering Process: Process for requesting and accepting specific services or work
7. Financial Provisions: Pricing principles, payment terms, invoicing, and tax considerations
8. Performance Standards: General service levels and quality requirements applicable across all services
9. Intellectual Property Rights: Ownership and licensing of IP, including pre-existing and newly created IP
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection: POPIA compliance and data processing obligations
12. Risk Allocation: Warranties, indemnities, and limitation of liability
13. Insurance: Required insurance coverage and minimum limits
14. Dispute Resolution: Process for resolving disputes, including escalation procedures
15. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. B-BBEE Provisions: Required when parties need to address B-BBEE compliance and reporting
2. Foreign Currency Provisions: Include when transactions involve cross-border payments or foreign currency
3. Change Control: Include for complex relationships requiring formal change management procedures
4. Business Continuity: Include when service continuity is critical to the relationship
5. Anti-Corruption: Include for international relationships or when required by corporate policies
6. Environmental, Social and Governance: Include when ESG compliance is important to the relationship
7. Security Requirements: Include when dealing with sensitive information or systems access
8. Personnel Requirements: Include when specific qualifications or vetting of personnel is required
9. Competition Law Compliance: Include when parties are competitors or in regulated industries
1. Schedule 1 - Governance Structure: Details of management structure, key personnel, and meeting cadence
2. Schedule 2 - Service Categories: List and description of service categories that may be ordered
3. Schedule 3 - Standard Terms for Statements of Work: Template and standard terms for all statements of work
4. Schedule 4 - Pricing Principles: Detailed pricing methodology and rate cards
5. Schedule 5 - Service Levels: Detailed service level metrics and measurement methodology
6. Schedule 6 - Technical Standards: Technical requirements and standards applicable to all services
7. Schedule 7 - Security Requirements: Detailed security policies and requirements
8. Schedule 8 - Form of Change Order: Template for documenting changes to services or terms
9. Appendix A - Template Statement of Work: Standard format for creating statements of work
10. Appendix B - Incident Response Plan: Procedures for handling and escalating incidents
Authors
Financial Services
Information Technology
Telecommunications
Professional Services
Manufacturing
Mining
Healthcare
Retail
Energy
Construction
Logistics
Business Process Outsourcing
Legal
Procurement
Commercial
Finance
Compliance
Risk Management
Operations
Business Development
Information Technology
Information Security
Strategy
Corporate Affairs
Chief Executive Officer
Chief Legal Officer
General Counsel
Commercial Director
Procurement Director
Chief Financial Officer
Head of Compliance
Contract Manager
Legal Counsel
Commercial Manager
Procurement Manager
Risk Manager
Operations Director
Business Development Director
Chief Operations Officer
Relationship Manager
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