Business.co.za
SolvedLegal ServicesGermiston

What clauses are essential in a South African B2B Master Services Agreement for quantity surveyor in Germiston?

We provide recurring quantity surveyor 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?

Mandla Nkosi◆ 53asked 01 OctShown to 5 businesses that do this work

5 answers

  1. ✓ Accepted by the asker

    Tshepo◆ 83Trusted voiceon Legal Services01 Oct
    Great list from @kabelo_mokoena. 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. kabelo_m◆ 103Trusted voiceon Accounting01 Oct
    @mandla_nkosi 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. Sipho K.◆ 68Trusted voiceon Legal Services01 Oct
    Agree with @kabelo_mokoena and @tshepo_jhb. 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. ChefMpho◆ 48Contributoron Legal Services01 Oct
    @kabelo_mokoena and @mandla_nkosi we implemented this exact setup in Germiston last quarter and it cut our monthly admin and reconciliation time in half.
  5. Mandla Nkosi◆ 53Trusted voiceon Tax Services01 Oct
    Thank you @kabelo_mokoena and @tshepo_jhb. That IP transfer-on-payment clause and the 7-day suspension right are going straight into our updated template.

Your answer