MASTER SERVICES AGREEMENT
WISP Compliance (Pty) Ltd
Introduction
This Master Services Agreement ("Agreement") is entered into between:
WISP Compliance (Pty) Ltd, a company incorporated in the Republic of South Africa, hereafter referred to as "WISPCOM",
and
the client entity identified in this Onboarding Form, hereafter referred to as "the Client".
Collectively referred to as "the Parties".
1. Purpose of Agreement
The purpose of this Agreement is to define the general terms under which WISPCOM will provide telecommunications regulatory compliance advisory and management services to the Client.
Specific services to be provided will be defined in one or more Service Schedules, which form part of this Agreement.
2. Scope of Services
WISPCOM provides structured regulatory compliance management services to licensed telecommunications operators and related entities.
Services may include:
- ICASA regulatory compliance monitoring and reporting
- Regulatory documentation preparation
- Compliance advisory services
- POPIA data governance advisory
- FPB regulatory compliance support
The specific services applicable to the Client will be described in the applicable Service Schedule.
3. Term of Agreement
This Agreement will commence on the Effective Date and will remain in force until terminated in accordance with the provisions of this Agreement.
4. Fees and Payment
Fees for services provided under this Agreement will be defined in the applicable Service Schedule and Onboarding Order Form.
Unless otherwise specified:
- Monthly service fees are payable in advance.
- Invoices are payable within 7 days of issue.
- WISPCOM reserves the right to suspend services in the event of non-payment.
WISPCOM services shall commence on the first day of the calendar month following receipt of the applicable Onboarding Fee. Where the Onboarding Fee is received within the first 7 days of a calendar month, WISPCOM may, at its discretion, commence services earlier.
5. Client Responsibilities
The Client agrees to:
- Provide accurate and complete regulatory and operational information.
- Notify WISPCOM of any regulatory correspondence received from ICASA or other regulatory authorities.
- Submit regulatory filings and communications directly to the relevant authorities unless otherwise agreed in writing.
The Client remains responsible for compliance with all applicable regulatory obligations.
6. Compliance Advisory Role
WISPCOM provides advisory and compliance management services.
Where WISPCOM prepares draft regulatory submissions, reports or correspondence, such documents will be provided to the Client for review and submission by the Client to the relevant regulatory authority.
WISPCOM does not act as the Client's legal representative or authorised filing agent unless specifically agreed in writing.
7. Confidentiality
Both Parties agree to treat all confidential information received in the course of this Agreement as confidential.
Confidential information may not be disclosed to third parties except where required by law or with prior written consent of the other Party.
8. POPIA and Data Protection
WISPCOM may process information provided by the Client for the purpose of providing compliance services.
Both Parties agree to comply with the Protection of Personal Information Act (POPIA) and applicable data protection obligations.
9. Limitation of Liability
WISPCOM will exercise reasonable skill and care in providing its services.
However, WISPCOM will not be liable for:
- Regulatory penalties imposed on the Client
- Failure by the Client to submit regulatory filings
- Incorrect or incomplete information provided by the Client
10. Termination
Either Party may terminate this Agreement by providing 30 days written notice.
Immediate termination may occur in the event of:
- material breach of this Agreement
- non-payment of fees
- unlawful conduct by either Party
11. Governing Law
This Agreement is governed by the laws of the Republic of South Africa.
12. Entire Agreement
This Agreement, together with any Service Schedules and Order Forms, constitutes the entire agreement between the Parties.