Advisory Agreement

{{company_name}}

{{company_address}}

Phone: {{phone}} | Email: {{email}} | Web: {{website}}

Advisory Agreement

Advisory Agreement

Parties

This Advisory Agreement ("Agreement") is made and entered into as of {{date_of_agreement}} ("Effective Date") by and between:

{{company_name}} (Registration Number: {{company_registration_number}}), a company duly incorporated and existing under the laws of the Republic of South Africa, with its registered office at {{company_address}} (hereinafter referred to as "the Company").

AND

{{advisor_name}} (Identity Number: {{advisor_id_number}} or Company Registration Number: {{advisor_registration_number}}), an individual residing at {{advisor_address}} or a company duly incorporated and existing under the laws of the Republic of South Africa, with its registered office at {{advisor_address}} (hereinafter referred to as "the Advisor").

The Company and the Advisor are hereinafter collectively referred to as "the Parties" and individually as "Party."

Recitals

WHEREAS, the Company desires to retain the services of the Advisor to provide expert advice and assistance in the field of {{field_of_advice}}; and

WHEREAS, the Advisor possesses the necessary expertise, experience, and resources to provide such services to the Company; and

WHEREAS, the Parties wish to set forth the terms and conditions under which such advisory services will be provided.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the Parties agree as follows:

1. Scope of Services

1.1. The Company hereby engages the Advisor, and the Advisor hereby accepts such engagement, to provide advisory services ("Services") as more fully described in Schedule A attached hereto.

1.2. The Services shall include, but not be limited to, {{specific_services_examples}}.

1.3. The Advisor shall perform the Services diligently, competently, and in a professional manner, utilising their best skill and judgment.

2. Term and Termination

2.1. This Agreement shall commence on the Effective Date and shall continue for a period of {{term_duration}} unless terminated earlier in accordance with the provisions of this Agreement.

2.2. Either Party may terminate this Agreement by providing {{notice_period}} days' written notice to the other Party.

2.3. Notwithstanding Clause 2.2, either Party may terminate this Agreement immediately upon written notice if the other Party commits a material breach of any of its obligations under this Agreement and fails to remedy such breach within {{cure_period}} days of receiving written notice requiring it to do so.

3. Fees and Payment

3.1. In consideration for the Services rendered by the Advisor, the Company shall pay the Advisor a fee as specified in Schedule B attached hereto.

3.2. All fees are exclusive of Value Added Tax (VAT), which shall be charged at the prevailing rate if applicable.

3.3. Invoices shall be submitted by the Advisor on a {{billing_frequency}} basis and shall be payable by the Company within {{payment_terms}} days of receipt.

3.4. Overdue payments shall accrue interest at the rate of {{interest_rate_percentage}}% per annum, calculated daily and compounded monthly.

4. Confidentiality

4.1. Both Parties acknowledge that during the course of this Agreement, they may obtain confidential information concerning the business, operations, and affairs of the other Party.

4.2. Each Party undertakes to keep all such confidential information strictly confidential and not to disclose it to any third party without the prior written consent of the disclosing Party.

4.3. This confidentiality obligation shall survive the termination of this Agreement.

5. Intellectual Property

5.1. All intellectual property rights, including but not limited to copyrights, patents, trademarks, and trade secrets, arising from or developed during the provision of the Services by the Advisor, shall be the sole property of the {{owner_of_intellectual_property}}.

5.2. The Advisor hereby assigns all such intellectual property rights to the Company with effect from the date of creation.

6. Limitation of Liability

6.1. Neither Party shall be liable to the other for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with this Agreement.

6.2. The total aggregate liability of the Advisor to the Company under this Agreement, whether in contract, delict (including negligence), or otherwise, shall not exceed the total fees paid by the Company to the Advisor under this Agreement over the preceding {{liability_period}} months.

7. Governing Law and Jurisdiction

7.1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa.

7.2. The Parties hereby consent to the non-exclusive jurisdiction of the High Court of South Africa, {{division_of_high_court_south_africa}} for any disputes arising out of or in connection with this Agreement.

8. General Provisions

8.1. Entire Agreement: This Agreement, together with its Schedules, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and agreements.

8.2. Amendments: No amendment or variation of this Agreement shall be effective unless it is in writing and signed by authorised representatives of both Parties.

8.3. Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

8.4. Force Majeure: Neither Party shall be liable for any delay or failure in performance arising from causes beyond its reasonable control.

8.5. Assignment: Neither Party may assign its rights or obligations under this Agreement without the prior written consent of the other Party.

8.6. Notices: Any notice required or permitted to be given under this Agreement shall be in writing and sent to the addresses specified in Clause 8.7 or such other address as a Party may designate in writing.

8.7. Contact Details for Notices:

For the Company:

Attention: {{company_contact_person}}

Email: {{company_contact_email}}

For the Advisor:

Attention: {{advisor_contact_person}}

Email: {{advisor_contact_email}}

Signature Block

IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first above written.

FOR THE COMPANY:

____________________________

Name: {{company_signatory_name}}

Title: {{company_signatory_title}}

Date: ____________________________

FOR THE ADVISOR:

____________________________

Name: {{advisor_signatory_name}}

Title: {{advisor_signatory_title}} (if applicable)

Date: ____________________________

SCHEDULE A: SCOPE OF SERVICES

{{detailed_scope_of_services}}

SCHEDULE B: FEES AND PAYMENT TERMS

{{detailed_fees_and_payment_terms}}