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Agencies, studios, consultants growing a team

Subcontractor Agreement

Bring in freelancers to help on client work — with non-solicitation and IP flowing to you.

Quick answer

A subcontractor agreement is a written agreement used by agencies, studios, consultants growing a team in South Africa. This template covers scope tied to client project, pay-when-paid with 45-day cap, client non-solicitation, ip assignment on payment and more, drafted with POPIA, the CPA and the ECT Act in mind.

The problem it solves: A subcontractor going direct to your client and taking the account.

R199

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What's inside

  • 01Scope tied to client project
  • 02Pay-when-paid with 45-day cap
  • 03Client non-solicitation
  • 04IP assignment on payment
  • 05Confidentiality
  • 06Independent contractor & tax
  • 07POPIA clause

Good to know

Is pay-when-paid fair?+

It's common, and the 45-day cap protects the subcontractor.

Is a non-solicitation enforceable?+

Reasonable restraints are generally enforceable in SA; keep the period and scope reasonable.

Is this legal advice?+

No. It's a professionally structured starting point. For high-value or unusual deals, have an attorney review your completed document.

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