SolvedLegal ServicesGermiston

What clauses are essential in a South African B2B Master Services Agreement for managed it, fibre in Germiston?

We provide recurring managed it, fibre services to mid-market companies in Germiston. 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?

Riaan Venter◆ 48asked 03 Oct

5 answers

  1. ✓ Accepted by the asker

    Willem◆ 95Trusted voiceon Legal Services03 Oct
    Great list from @hannes_qs. 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. Hannes◆ 103Trusted voiceon Digital Marketing03 Oct
    @riaan_venter 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. Francois S.◆ 68Trusted voiceon Legal Services03 Oct
    Agree with @hannes_qs and @willem_agri. For Germiston 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. Grant K.◆ 48Contributoron Legal Services03 Oct
    @hannes_qs and @riaan_venter we implemented this exact setup in Germiston last quarter and it cut our monthly admin and reconciliation time in half.
  5. Riaan Venter◆ 48Contributoron Legal Services04 Oct
    Thank you @hannes_qs and @willem_agri. That IP transfer-on-payment clause and the 7-day suspension right are going straight into our updated template.

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