Business.co.za
SolvedLegal ServicesGermiston

What clauses are essential in a South African B2B Master Services Agreement for digital marketing in Germiston?

We provide recurring digital marketing 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?

ComplianceQueen◆ 65asked 04 SeptShown to 5 businesses that do this work

5 answers

  1. ✓ Accepted by the asker

    Marius van Niekerk◆ 83Trusted voiceon Legal Services04 Sept
    Great list from @christo_vermeulen. 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. Christo Vermeulen◆ 103Trusted voiceon Accounting04 Sept
    @compliancequeen_za 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. Barend Bekker◆ 68Trusted voiceon Legal Services04 Sept
    Agree with @christo_vermeulen and @marius_vanniekerk. 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. Dewald Snyman◆ 48Contributoron Legal Services04 Sept
    @christo_vermeulen and @compliancequeen_za we implemented this exact setup in Germiston last quarter and it cut our monthly admin and reconciliation time in half.
  5. ComplianceQueen◆ 65Trusted voiceon Digital Marketing04 Sept
    Thank you @christo_vermeulen and @marius_vanniekerk. That IP transfer-on-payment clause and the 7-day suspension right are going straight into our updated template.

Your answer