Question 1

What does this service comprise?

Accepted Answer

This service involves custom preparing an Agency Agreement to your exact needs—whether you are the principal appointing an agent, or an agent seeking a formal agreement with your principal.

Question 2

Can this agreement be prepared for either the principal or the agent?

Accepted Answer

Yes. We can draft the agreement from either perspective. When completing the questionnaire, you'll indicate whether you are the principal (the party appointing the agent) or the agent (the party being appointed). The agreement will be tailored to protect your interests accordingly while maintaining fair terms for both parties.

Question 3

What is a relationship of agency?

Accepted Answer

The law of agency allows one person to employ another to do his/her/its work. This work may entail the letting or selling goods, the rendering of services, or acquisition of property on the principal's behalf as if the principal were present and acting in person.

The principal may authorise the agent to perform a variety of tasks or may restrict the agent to specific functions. Regardless of the amount or scope of authority granted to the agent, the agent represents the principal and is subject to the principal's control. In this regard, the principal is liable for the consequences of acts that the agent has been directed to perform.

Question 4

How does an Agency Agreement differ from an Independent Contractor Agreement?

Accepted Answer

The most important distinction between an Agency Agreement, and an Independent Contractor Agreement is the concept of control: the agent agrees to act under the control or direction of the principal.

The extent of the principal's control over the agent distinguishes an agent from an independent contractor, over whom control and supervision by the principal may be relatively remote. An independent contractor is subject to the control of an employer only to the extent that he/she must produce the final work product that she or he has agreed to provide.

Independent contractors have the freedom to use whatever means they choose to achieve that final product. When the employer provides more specific directions, or exerts more control, as to the means and methods of doing the job—by providing specific instructions as to how goods are to be sold or marketed, for example—then an agency relationship may exist.

Question 5

How does an Agency Agreement differ from a Distribution Agreement?

Accepted Answer

An agent is generally distinguished from a distributor in that a distributor will buy stock from the supplier or principal and then sell it on to his customers at a mark-up, whereas an agent will find customers for the principal who then sells direct to the customers and pays commission to the agent.

Question 6

How long does delivery take?

Accepted Answer

Standard delivery is 3 business days from when we receive your completed questionnaire. If you need your Agency Agreement sooner, we offer an Express Delivery option which guarantees delivery within 1 business day. You can select Express Delivery as an add-on during checkout.

Question 7

What if I need changes to my Agency Agreement?

Accepted Answer

Your order includes 2 rounds of revisions at no additional cost, which must be requested within 1 week of receiving your draft. This ensures you have ample opportunity to review the document and request any adjustments. Additional revision rounds beyond this can be arranged at a nominal fee.

Question 8

Who will draft my Agency Agreement?

Accepted Answer

Your Agency Agreement will be prepared by a qualified South African attorney with a minimum of 12 years of post-qualification experience in commercial law. Our attorney has extensive experience drafting agency agreements across various industries, ensuring your document is both legally sound and tailored to your specific needs as either principal or agent.

Question 9

What information will I need to provide?

Accepted Answer

After purchase, you'll receive a detailed questionnaire asking whether you are the principal or agent, details of both parties, the scope of the agency, commission structures, territory and exclusivity arrangements, reporting requirements, confidentiality provisions, and termination conditions. The more detail you provide, the better we can tailor your agreement.

Question 10

Will my Agency Agreement comply with South African law?

Accepted Answer

Yes. Your Agency Agreement will be drafted to comply with relevant South African legislation including the Consumer Protection Act (CPA) where applicable, and common law principles governing agency relationships. Our attorney ensures all clauses are legally enforceable under South African law.

Custom Agency
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Both Parties Protected

Reusable Framework

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