EXPLANATORY NOTES FOR THE GENERIC SERVICES AGREEMENT, WHERE SUCH AGREEMENT IS IN FAVOUR OF THE PROVIDER OF SERVICES (THE INDEPENDENT CONTRACTOR)
PLEASE ENSURE YOU’VE READ THE FAQs BEFORE PURCHASING AN AGREEMENT
This agreement is for use by entities that PROVIDE services of whatever type. It is drafted in such a way that enables it to be modified for the provision of literally any conceivable service. It is an agreement that is fair and equitable to both parties, but is also one that is structured to protect the rights of the independent contractor, i.e. the entity providing the services.
Note that this agreement can only be used where the receiver of services does not constitute a “consumer” in terms of the Consumer Protection Act. i.e the receiver MUST BE a juristic entity with a turnover or asset value equal to, or more than R2m at the time of the transaction.
Note: we will shortly make available agreements that regulate transactions that fall under the Consumer Protection Act. This agreement is for transactions that DO NOT fall under the Consumer Protection Act. Always make certain that the receiver of services under this agreement is neither a juristic person with assets or a turnover UNDER R2m, nor a natural person.
We reiterate: We will shortly make available a robust, Generic Services Provider Agreement (that can be easily tailored for the provision of any type of service) for use by suppliers of services to “consumers” as defined in the Consumer Protection Act.
PLEASE NOTE: If you are the party that REQUIRES services to be provided to it, then you must purchase the agreement titled “Generic Services Agreement-Receiver“, as that is more protective of your rights
HOWEVER: If you are the party PROVIDING the services, then this is the correct agreement for you to use, as it is more protective of your rights
This GENERIC SERVICES AGREEMENT- PROVIDER:
- is legally substantive (10 pages in total); please feel free to look at the explanatory notes below and compare the substance of this agreement to others for sale elsewhere;
- is bordered;
- has pages numbered;
- is fully justified;
- is typed up using Tahoma font, size 10;
- has been meticulously spell-checked;
- is extremely professional in its appearance;
- has several drafting notes therein to guide a legal practitioner;
- can be printed onto 10 A4 pages. (In the interests of the environment, we suggest that the agreement rather be printed back to back on 5 pages.).
This GENERIC SERVICES AGREEMENT-PROVIDER contains the following clauses:
- DEFINITIONS AND INTERPRETATION
- APPOINTMENT AND RELATIONSHIP BETWEEN THE PARTIES
- BBBEE STATUS
- GOOD FAITH
- LIMITATION OF LIABILITY
- GOVERNING LAW AND JURISDICTION
- DISPUTE RESOLUTION
- CESSION AND ASSIGNMENT
- THE COMPANY WARRANTIES AND UNDERTAKINGS
- INDEPENDENT CONTRACTOR WARRANTIES AND UNDERTAKINGS
- FORCE MAJEURE
- DOMICILIUM AND NOTICES
APPENDIX 1: DESCRIPTION OF THE SERVICES TO BE PROVIDED, FREQUENCY, SERVICE LEVELS, ETC
Please read carefully through the agreement and fill in all missing details; in preparing a signature document, please have regard to all the notes we have placed hereon to assist you with the conclusion of a professional, legally binding agreement.
We appreciate any constructive feedback concerning this agreement; such can be emailed to firstname.lastname@example.org.