EXPLANATORY NOTES FOR THE GENERIC PROVISION OF SERVICES AGREEMENT, WHERE SUCH AGREEMENT IS IN FAVOUR OF THE PARTY RECEIVING THE SERVICES
This agreement is for use by entities that REQUIRE the provision of certain services. It is an agreement that is structured to protect the rights of the party that RECEIVES 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 Receiver 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.
This agreement is drafted in such a way that it can be tailored for the provision of any type of service.
PLEASE NOTE: If you are a party that PROVIDES services of whatever nature, it is suggested that you make use of the agreement, titled “Generic Provision of Services Agreement- Provider”, as the latter agreement is more protective of your rights.
HOWEVER, if you are a party that RECEIVES certain services (that you will define in more detail in the agreement), then this is the correct agreement for you to use as it is more protective of your rights.
- is legally substantive (13 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;
- may be printed onto 13 A4 pages. (In the interests of the environment, SITL legal suggests that the agreement rather be printed back to back on 7 pages.).
This GENERIC SERVICES AGREEMENT- RECEIVER contains the following clauses:
- DEFINITIONS AND INTERPRETATION
- APPOINTMENT AND RELATIONSHIP BETWEEN THE PARTIES
- BBBEE STATUS
- GOOD FAITH
- LIABILITY, INDEMNITY AND INSURANCES
- GOVERNING LAW AND JURISDICTION
- DISPUTE RESOLUTION
- CESSION AND ASSIGNMENT
- WARRANTIES AND UNDERTAKINGS
- DOMICILIUM AND NOTICES
APPENDIX 1: DESCRIPTION OF THE SERVICES TO BE PROVIDED, FREQUENCY, SERVICE LEVELS, PENALTIES, FEES
APPENDIX 2: FORM OF CONFIDENTIALITY AGREEMENT
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 email@example.com.