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What clauses are essential in a South African B2B Master Services Agreement for labour law in Stellenbosch?

We provide recurring labour law services to mid-market companies in Stellenbosch. Several clients want 60-day payment terms while our staff costs are monthly. How do we protect our cash flow and IP in our standard SLA?

ImportKing_JHB◆ 135asked 19 Sept

5 answers

  1. ✓ Accepted by the asker

    Amy Wu-Kirsten◆ 83Trusted voiceon Consulting19 Sept
    Great list from @tiffany_chang_jhb. Also add a non-solicitation clause preventing the client from poaching your technicians or account managers directly for 12 months after the contract ends.
  2. Tiffany Chang◆ 115Trusted voiceon Consulting19 Sept
    @importking_jhb make sure your SLA includes four non-negotiable clauses under South African law: (1) IP and work-product ownership only transfers upon full and final settlement of the invoice, (2) an explicit right to suspend services on 7 days written notice if an account is overdue, (3) interest on overdue amounts at prime plus 2%, and (4) consent to Magistrate's Court jurisdiction for fast debt recovery.
  3. Grace Liu◆ 68Trusted voiceon Consulting19 Sept
    Agree with @tiffany_chang_jhb and @amy_wu_kirsten. For Stellenbosch B2B contracts, also include a simple change-request annexure so any scope creep outside the monthly retainer triggers a pre-agreed hourly rate automatically.
  4. Wendy Pon◆ 48Contributoron Consulting19 Sept
    @tiffany_chang_jhb and @importking_jhb we implemented this exact setup in Stellenbosch last quarter and it cut our monthly admin and reconciliation time in half.
  5. ImportKing_JHB◆ 135Trusted voiceon Bookkeeping Services19 Sept
    Thank you @tiffany_chang_jhb and @amy_wu_kirsten. That IP transfer-on-payment clause and the 7-day suspension right are going straight into our updated template.

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