EXPLANATORY NOTES FOR THE MANAGEMENT SERVICES AGREEMENT, WHERE SUCH AGREEMENT IS IN FAVOUR OF THE PROVIDER OF SERVICES (THE INDEPENDENT CONTRACTOR)

This management services agreement is for use by entities that PROVIDE corporate management services. It is an agreement that is fair and equitable, but one that is structured to protect the rights of the Manager (as defined in the agreement), i.e. the independent contractor providing the services.

Note that this agreement can only be used where the receiver of services does not constitute a “consumer” in terms of the Consumer Protection Act. i.e the receiver MUST BE a juristic entity with a turnover or asset value equal to, or more than R2m at the time of the transaction.

Note: we will shortly make available agreements that regulate transactions that fall under the Consumer Protection Act. This agreement is for transactions that DO NOT fall under the Consumer Protection Act. Always make certain that the receiver of services under this agreement is neither a juristic person with assets or a turnover UNDER R2m, nor a natural person.

PLEASE NOTE: If you are the party that REQUIRES management services to be provided to it, then you must purchase the agreement titled “Management Services Agreement-Receiver“.

HOWEVER: If you are the party PROVIDING the management services, then this is the correct agreement for you to use.

This agreement:

  • is legally substantive (10 pages in total);
  • is bordered;
  • has pages numbered;
  • is fully justified;
  • is typed up using Tahoma font, size 10;
  • has been meticulously spell-checked;
  • is extremely professional in its appearance;
  • has several drafting notes therein to guide a legal practitioner;
  • can be printed onto 10 A4 pages. (In the interests of the environment, SITL legal suggests that the agreement rather be printed back to back on 5 pages.).

This MANAGEMENT SERVICES AGREEMENT-PROVIDER contains the following clauses:

  1. PARTIES
  2. DEFINITIONS AND INTERPRETATION
  3. RECORDAL
  4. APPOINTMENT AND RELATIONSHIP BETWEEN THE PARTIES
  5. GOOD FAITH
  6. CONFIDENTIALITY
  7. DURATION
  8. SERVICES
  9. PROVISION OF PERSONNEL
  10. CONFLICTING INTERESTS
  11. PAYMENT OF FEES AND DISBURSEMENTS
  12. TERMINATION
  13. LIMITATION OF LIABILITY
  14. GOVERNING LAW AND JURISDICTION
  15. DISPUTE RESOLUTION
  16. CESSION AND ASSIGNMENT
  17. WARRANTIES AND UNDERTAKINGS
  18. FORCE MAJEURE
  19. DOMICILIUM AND NOTICES
  20. GENERAL

APPENDIX 1: DESCRIPTION OF THE SERVICES TO BE PROVIDED, SERVICE LEVELS, FREQUENCY, PENALTIES IF SERVICE LEVELS ARE NOT

Please read carefully through the agreement and fill in all missing details; in preparing a signature document, please have regard to all the notes we have placed hereon to assist you with the conclusion of a professional, legally binding agreement.

We appreciate any constructive feedback concerning this agreement; such can be emailed to info@sitllegal.co.za.