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Software Development Agreement Provider

Software Development Agreement – Provider

R700.00

This agreement is for use by software development houses. While it is a fair and equitable agreement to both parties, it is largely drafted in favour of the software developer PROVIDING the services (the independent contractor).

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.

PLEASE ENSURE YOU’VE READ THE FAQs BEFORE PURCHASING AN AGREEMENT.

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Product Description

EXPLANATORY NOTES FOR THE SOFTWARE DEVELOPMENT 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 software development houses. While it is a fair and equitable agreement to both parties, it is largely drafted in favour of the software developer PROVIDING the services (the independent contractor).

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.

PLEASE NOTE: If you are the party that REQUIRES software development services to be provided to it, then you must purchase the agreement titled “Software Development Agreement-Receiver“, as that is more protective of your rights

HOWEVER: If you are the party PROVIDING the software development services, then this is the correct agreement for you to use, as it is more protective of your rights

This agreement:

  • is legally substantive (15 pages in total);
  • 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 15 A4 pages. (In the interests of the environment, it is suggested that the agreement rather be printed back to back on 8 pages).

This SOFTWARE DEVELOPMENT AGREEMENT- PROVIDER contains the following clauses:

  1. PARTIES
  2. DEFINITIONS AND INTERPRETATION
  3. RECORDAL
  4. APPOINTMENT AND RELATIONSHIP BETWEEN THE PARTIES
  5. BBBEE STATUS
  6. GOOD FAITH
  7. CONFIDENTIALITY
  8. DURATION
  9. THE SOFTWARE APPLICATION SERVICES
  10. DEVIATION TO SPECIFICATIONS
  11. RISK AND OWNERSHIP
  12. UPDATING OF SOFTWARE APPLICATION
  13. PAYMENT
  14. TERMINATION
  15. LIMITATION OF LIABILITY
  16. GOVERNING LAW AND JURISDICTION
  17. DISPUTE RESOLUTION
  18. CESSION AND ASSIGNMENT
  19. WARRANTIES AND UNDERTAKINGS
  20. FORCE MAJEURE
  21. DOMICILIUM AND NOTICES
  22. GENERAL

APPENDIX 1: FUNCTIONAL SPECIFICATIONS

APPENDIX 2: DEVELOPMENT PHASES

APPENDIX 3: PAYMENT

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 info@legalagreements.co.za.