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Supply Of Services Agreement
"I need a Supply of Services Agreement for my IT consulting company based in Cape Town to provide cybersecurity services to a financial services client, with specific emphasis on POPIA compliance and data protection requirements."
1. Parties: Identifies the service provider and customer, including their registered addresses and company registration details
2. Background: Explains the context of the agreement and the parties' intentions
3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets out interpretation rules
4. Appointment and Scope of Services: Describes the appointment of the service provider and outlines the agreed services
5. Duration: Specifies the term of the agreement, including commencement date and renewal terms
6. Service Provider's Obligations: Details the service provider's duties, standards of service, and compliance requirements
7. Customer's Obligations: Outlines the customer's responsibilities and cooperation requirements
8. Fees and Payment: Specifies service fees, payment terms, invoicing procedures, and late payment consequences
9. Intellectual Property Rights: Addresses ownership and usage rights of intellectual property
10. Confidentiality: Defines confidential information and protection obligations
11. Data Protection: Ensures POPIA compliance and establishes data handling procedures
12. Limitation of Liability: Sets out liability caps and exclusions
13. Termination: Details termination rights, procedures, and consequences
14. General Provisions: Includes standard legal clauses like notices, governing law, and dispute resolution
1. Service Levels: Include when specific performance metrics need to be maintained, defining KPIs and remedies for failure
2. Change Control: Add for complex services where scope changes are likely to be needed
3. Staff and Subcontractors: Include when service provider's personnel will work on-site or when subcontracting needs to be regulated
4. Insurance: Add when specific insurance requirements need to be maintained
5. Anti-Bribery and Corruption: Include for high-value contracts or when dealing with public sector
6. BEE Compliance: Add when relevant for South African business requirements
7. Business Continuity: Include for critical services requiring disaster recovery planning
8. Exit Management: Add for complex services requiring detailed transition arrangements
1. Schedule 1 - Service Description: Detailed specification of services to be provided
2. Schedule 2 - Charges and Payment Terms: Detailed pricing, payment structure, and any rate cards
3. Schedule 3 - Service Levels: Detailed performance metrics, measurement methods, and remedies
4. Schedule 4 - Customer Materials and Facilities: List of items, access, or facilities to be provided by customer
5. Schedule 5 - Key Personnel: Details of key staff members assigned to provide the services
6. Schedule 6 - Data Processing Agreement: POPIA-compliant data processing terms and details
7. Appendix A - Change Control Form: Template for documenting and approving changes to services
Authors
Information Technology
Professional Services
Consulting
Facilities Management
Healthcare
Engineering
Construction
Telecommunications
Financial Services
Education
Business Process Outsourcing
Maintenance Services
Marketing and Advertising
Legal Services
Transportation and Logistics
Legal
Procurement
Commercial
Operations
Finance
Risk and Compliance
Business Development
Sales
Project Management
Service Delivery
Account Management
Legal Counsel
Commercial Manager
Procurement Manager
Contract Manager
Business Development Manager
Operations Director
Chief Financial Officer
Project Manager
Risk Manager
Compliance Officer
General Manager
Service Delivery Manager
Account Manager
Chief Operating Officer
Sales Director
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