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Master Subscription Agreement Template for South Africa

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Key Requirements PROMPT example:

Master Subscription Agreement

"I need a Master Subscription Agreement under South African law for a SaaS company providing cloud-based accounting software to enterprise clients, with strong data protection provisions and service level commitments."

Document background
The Master Subscription Agreement serves as the primary contractual framework for businesses offering subscription-based services in South Africa. This document is essential when establishing long-term service relationships, particularly in technology, software, and digital services sectors. It covers crucial aspects such as service delivery, payment terms, data protection (ensuring POPIA compliance), and service level commitments. The agreement is structured to comply with South African legislation, including the Consumer Protection Act and Electronic Communications and Transactions Act, while providing sufficient flexibility to accommodate various service models and customer types. The Master Subscription Agreement is particularly important for businesses operating on a subscription revenue model, as it establishes the foundation for recurring service relationships and helps manage ongoing obligations between parties.
Suggested Sections

1. Parties: Identification of the contracting parties, including registered addresses and company details

2. Background: Context of the agreement and brief description of the subscription services being offered

3. Definitions and Interpretation: Comprehensive list of defined terms and interpretation rules for the agreement

4. Subscription Services: Detailed description of services, access rights, and usage terms

5. Term and Renewal: Initial term, renewal conditions, and termination rights

6. Payment Terms: Fees, payment schedule, invoicing, and price adjustment mechanisms

7. Service Levels: Performance standards, availability commitments, and support services

8. Data Protection and Privacy: POPIA compliance measures, data processing terms, and privacy obligations

9. Intellectual Property Rights: IP ownership, licensing terms, and usage restrictions

10. Confidentiality: Protection of confidential information and trade secrets

11. Warranties and Disclaimers: Service warranties, disclaimers, and quality commitments

12. Limitation of Liability: Liability caps, exclusions, and indemnification provisions

13. Termination: Termination rights, consequences, and post-termination obligations

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

Optional Sections

1. Professional Services: Additional implementation, training, or consulting services if offered

2. Security Requirements: Specific security protocols and compliance requirements for sensitive data

3. Disaster Recovery: Business continuity and disaster recovery procedures for critical services

4. Change Management: Procedures for implementing changes to services or terms

5. Audit Rights: Customer audit rights for compliance and security verification

6. Export Control: Export control compliance for international service delivery

7. Insurance: Specific insurance requirements beyond standard coverage

8. Source Code Escrow: Source code escrow arrangements for critical software

9. Anti-Corruption: Specific anti-corruption and compliance provisions for regulated industries

Suggested Schedules

1. Service Description Schedule: Detailed technical specifications and service descriptions

2. Service Level Agreement: Detailed service levels, metrics, and remedies

3. Pricing Schedule: Detailed pricing, payment terms, and calculation methodologies

4. Data Processing Agreement: Detailed POPIA compliance terms and data processing obligations

5. Security Requirements: Detailed security standards and compliance requirements

6. Support Services: Support level definitions and response time commitments

7. Acceptable Use Policy: Terms governing acceptable use of the subscription services

8. Implementation Plan: Timeline and milestones for service implementation

9. Form of Change Order: Template for documenting changes to services or terms

Authors

Alex Denne

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

Relevant legal definitions








































Clauses




































Relevant Industries

Information Technology

Software and SaaS

Telecommunications

Professional Services

Financial Services

Healthcare

Education

Media and Entertainment

E-commerce

Cloud Services

Consulting Services

Digital Services

Manufacturing

Retail

Relevant Teams

Legal

Commercial

Sales

Procurement

Compliance

Information Technology

Finance

Business Development

Operations

Product Management

Risk Management

Customer Success

Service Delivery

Relevant Roles

Legal Counsel

Contract Manager

Commercial Director

Chief Legal Officer

Chief Technology Officer

Sales Director

Account Executive

Procurement Manager

Compliance Officer

Risk Manager

Information Officer

Chief Financial Officer

Business Development Manager

Operations Director

Product Manager

Service Delivery Manager

Chief Executive Officer

Chief Operations Officer

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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