What clauses are essential in a South African B2B Master Services Agreement for quantity surveyor in Stellenbosch?
We provide recurring quantity surveyor 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?
asked 17 Oct
5 answers
✓ Accepted by the asker
17 OctGreat list from @chantal_oosthuizen. Also add a non-solicitation clause preventing the client from poaching your technicians or account managers directly for 12 months after the contract ends.- 17 Oct@luan_boshoff 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.
- 17 OctAgree with @chantal_oosthuizen and @sunette_vermeulen. 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.
- 17 Oct@chantal_oosthuizen and @luan_boshoff we implemented this exact setup in Stellenbosch last quarter and it cut our monthly admin and reconciliation time in half.
- 17 OctThank you @chantal_oosthuizen and @sunette_vermeulen. That IP transfer-on-payment clause and the 7-day suspension right are going straight into our updated template.
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