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This Advisory Agreement template is designed for use in South Africa where professional advisory services are being provided to clients across various sectors. The document ensures compliance with South African legislation, particularly the Financial Advisory and Intermediary Services (FAIS) Act, Consumer Protection Act, and Protection of Personal Information Act (POPIA). It is typically used when establishing formal advisory relationships for services such as financial advice, business consulting, or specialist technical guidance. The agreement covers essential elements including service scope, fees, confidentiality, regulatory compliance, and risk allocation, while incorporating specific requirements of South African commercial law. This document is particularly important for regulated advisory services and should be customized based on the specific nature of advisory services being offered.

1. Parties: Identifies and provides full details of the advisor and the client, including registration numbers, physical addresses, and representative details

2. Background: Sets out the context of the agreement, including the advisor's qualifications and authority to provide services, and the client's desire to receive advisory services

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules of interpretation

4. Scope of Services: Detailed description of the advisory services to be provided, including specific areas of advice and any limitations

5. Appointment and Duration: Formal appointment of the advisor and term of the agreement, including commencement date and duration

6. Advisor's Obligations: Details the advisor's duties, responsibilities, and service standards, including FAIS Act compliance requirements

7. Client's Obligations: Outlines the client's responsibilities, including providing accurate information and necessary documentation

8. Fees and Payment Terms: Specifies all fees, charges, and payment terms, including VAT implications and payment schedules

9. Confidentiality: Provisions for handling confidential information and compliance with POPIA

10. Professional Indemnity: Details of professional indemnity insurance and limitation of liability provisions

11. Termination: Conditions and procedures for terminating the agreement, including notice periods and consequences

12. General Provisions: Standard legal clauses including notices, entire agreement, variation, and governing law